What is Qualified Immunity?

To win a lawsuit under Section 1983 of the Civil Rights Act, a plaintiff must prove, among other things, that a constitutional right was violated by a government official.  A plaintiff also has another hurdle. For decades, police officers and other government officials who are defendants in civil suits for alleged violations of constitutional rights have been able to invoke an affirmative defense called qualified immunity.  Qualified immunity, created by the United States Supreme Court, protects government officials from suit for money damages if: (1) their actions do not violate clearly established rights of which a reasonable official would have known or (2) even if the right was clearly established, whether it was objectively reasonable for the officer to believe the conduct was lawful.

Therefore, even if a civil rights plaintiff proves that the government violated a constitutional right, qualified immunity still may protects a government official defendant.  First, if the right was not clearly established, the official is entitled to qualified immunity.  Second, if it is determined that the right was clearly established, then, under the second factor, qualified immunity still protects the official if the court determines that the official’s actions were objectively reasonable in light of the law at the time of the incident.

Qualified immunity is a tough legal roadblock for a plaintiff in a lawsuit against police officers, and is a leading reason why such suits are dismissed.