First Circuit Punts Issue of Whether Qualified Immunity Defense Is Available in FTCA Actions Arising in Puerto Rico

The First Circuit recently affirmed a district court judgment dismissing a FTCA claim based on the “clearly established” step of the qualified immunity analysis applied in Bivens. In doing so, it questioned the availability of the qualified immunity defense in a FTCA claim in Puerto Rico, but left this question open as the plaintiff did not raise this issue.

Posted in Case Law Update

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