Case law · Highest court · Federal

Davis v. Scherer

Decided
August 16, 1984
Docket
83-490
Status
Published
Jurisdiction
Federal

Cited 2,605 timesNo negative treatment found in this library

What later courts said

  • holding that officials sued for constitutional violations do not lose qualified immunity simply because their actions violate statutory or administrative procedure — Russo v. Cincinnati (1992)
  • recognizing that qualified immunity is evaluated under a purely objective standard without consideration for the government actor's subjective belief — Koch v. Rugg (2000)
  • holding that state officials do not lose their immunity in § 1983 lawsuits by violating the clear command of a state statute — Crowell v. Kirkpatrick (2009)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Justice Powell delivered the opinion of the Court.

Appellants in this case challenge the holding of the Court of Appeals that a state official loses his qualified immunity from suit for deprivation of federal constitutional rights if he is found to have violated the clear command of a state administrative regulation.

I

Statutes cited

Cite this

Davis v. Scherer, 468 U.S. 183 (1984)

Read the full opinion

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