76) Meanwhile, these courts considered prosecutors to be investigators and, therefore, only qualifiedly
immune, when they organized police raids(77) or ordered arrests.
3), Audi produces an "overall ethical theory" that "combines a version of moral realism with a moderate intuitionism" and is "epistemologically internalist, normatively objective, valuationally pluralist, and qualifiedly
The court held that the deputy sheriff was not qualifiedly
immune from the pretrial detainee's [section] 1983 excessive force claim, since the deputy's alleged actions, including slamming the detainee's head to the floor seven to eight times while she was restrained, if proven, were obviously beyond what the Constitution would allow under the circumstances.
The appeals court reversed and remanded, finding that officers were qualifiedly
immune from liability to the inmate.
Malcolm Schofield agrees qualifiedly
that "[seven Greek words cannot be converted into ASCII text] and its cognates can sometimes be translated `(a) right"' (p.
The court also held that the official was not qualifiedly
immune from claims brought by the detainee under the Religious Freedom Restoration Act (RFRA).
The court held that once the district court decided that the detainee had shown excessive force, it could not then find that the deputy was qualifiedly
immune because his use of excessive force was not in violation of clearly established law.