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The Supreme Court's Analysis of Qualified Immunity in Harlow Versus Fitzgerald
Harlow versus Fitzgerald in 1982 really got rid of that subjective requirement and instead described qualified immunity as appropriate so long as an officer didn't violate clearly established law. Harlow talks about the importance on the one hand of a damages case if there has been a violation of constitutional rights. But on the other hand, the court says there are frequently claims against the innocent and those claims impose costs on the officers but also society as a whole.