Qualified Immunity (Comment only) is a legal doctrine that shields public officials from being held personally liable for constitutional violations that occur in the course of their official duties. This doctrine is derived from the common law doctrine of sovereign immunity, which was created to protect government officials from frivolous lawsuits. Qualified immunity applies to both civil and criminal cases and is meant to protect public officials from personal liability, provided that their actions were reasonable and that they did not violate any clearly established laws. There are two types of qualified immunity: absolute and qualified. Absolute immunity applies to certain types of government actions, such as prosecutorial discretion, while qualified immunity applies to all other types of government actions.
9.34 Qualified Immunity (Comment only)
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FAQ
There are multiple pathways to end qualified immunity. The Supreme Court can revisit the doctrine and abolish or limit it. Congressional legislation can also abolish qualified immunity, as the George Floyd Justice in Policing Act aimed to do before it stalled in the U.S. Senate.
The Supreme Court has set forth a two-part analysis when determining whether an official is entitled to qualified immunity: (1) whether the facts alleged by the plaintiff amount to a constitutional violation, and (2) if so, whether the constitutional right was ?clearly established? at the time of the misconduct.
Markey (D-MA) re-introduced their Ending Qualified Immunity Act, legislation that would eliminate the unjust and court-invented doctrine of qualified immunity and restore the ability for people to obtain relief when state and local officials, including police officers, violate their legal and constitutionally secured
Examples of Qualified Immunity. In 2013, three Fresno, California, police officers were accused of stealing $151,380 in cash and another $125,000 in rare coins while legally executing a search warrant in the home of two men suspected of (but never charged with) operating illegal gambling machines.
There are circumstances in which a public official can be held accountable for constitutional violations in civil court. However, in the Supreme Court's own words, qualified immunity is an officer-friendly doctrine that protects ?all but the plainly incompetent or those who knowingly violate the law."