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2022 SESSION

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HJ 60 Constitutional amendment; qualified immunity for government officials (first reference).

Introduced by: William C. Wampler III | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Constitutional amendment (first reference); qualified immunity for government officials. Establishes the right of government officials to qualified immunity. The amendment provides that a government official may not be found liable for the deprivation of any person's rights, privileges, or immunities secured by the Constitution of Virginia and the laws of Virginia if such official establishes that (i) the right, privilege, or immunity alleged to be violated was not clearly established at the time of the person's deprivation by the official, or that at such time, the state of the law was not sufficiently clear that every reasonable official would have understood that the conduct alleged constituted a violation of the Constitution or the laws of Virginia or (ii) a court of competent jurisdiction had issued a final decision on the merits holding that the specific conduct alleged to be unlawful was consistent with the Constitution and the laws of Virginia.


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