Qualified Immunity And How To End The Practice

Qualified Immunity And How To End The Practice

Qualified Immunity And How To End The Practice
Home » Justice » Qualified Immunity And How To End The Practice

In the United States, qualified immunity protects police officers from lawsuits when they violate someone’s rights. This law is currently debated, and many people argue that qualified immunity should be ended.

This article will discuss qualified immunity in detail and outline critical facts about the practice. We will also provide information on how you can help end qualified immunity in your community.

  • Qualified immunity has been controversial for many years, and the debate is only intensifying now.

What Is Qualified Immunity

Qualified immunity is a legal doctrine that was first established in 1967. It protects government officials, like police officers, from being sued for damages unless they can be shown to have violated a “clearly established” law. This means that even if an officer violates someone’s constitutional rights, they can often avoid liability as long as there isn’t a previous court ruling saying that their particular actions are illegal.


The Supreme Court first recognized the principle of qualified immunity in Harlow v. Fitzgerald (1982), which held that government officials performing discretionary functions are entitled to “qualified immunity” from civil damages suits. Unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

How It Works

This standard considers public officials’ problematic and often subjective judgments in their work. For example, an official who arrests a suspect based on probable cause is entitled to qualified immunity even if it turns out later that the suspect was innocent since it would be unreasonable to expect the official to know whether or not the suspect at the time of arrest had committed a crime.


There have been several high-profile cases where qualified immunity has come into play. In one case, a police officer shot and killed an unarmed man walking away from him. The officer claimed he feared for his life, but the victim’s family argued that the shooting was unjustified.

The court ruled in favor of the officer, citing qualified immunity. This case highlights how qualified immunity can protect officers even using deadly force without justification.

Qualified Immunity Cases

Some qualified immunity case examples are as follows:

Harlow v. Fitzgerald

In Harlow v. Fitzgerald, the plaintiff was a White House staffer who alleged that she was fired in retaliation for her administration criticism. The defendant, the United States, claimed qualified immunity. The court held that the defendant was entitled to qualified immunity because the plaintiff had not alleged a violation of an established constitutional right.

Siegert v. Gilley

In Siegert v. Gilley, the plaintiff was a government employee who alleged that he was retaliated against for complaining about sexual harassment in the workplace. The court held that the defendant was entitled to qualified immunity because the law on retaliation was not established at the incident.

Armstrong v. Wilson

In Armstrong v. Wilson, the plaintiff was a police officer fired after he reported misconduct by his superiors. The court held that the defendant was entitled to qualified immunity because the law on retaliation was not established at the incident.

Bottom Line:

These are just a few cases in which qualified immunity has been invoked. The court has to decide whether the law was established during the incident, and if the answer was no, the defendant was entitled to qualified immunity.

How To End Qualified Immunity

Some ideas for effectively ending qualified immunity include working to change the law through advocacy and lobbying, raising awareness about the issue among the public and policymakers, and challenging qualified immunity cases in court.


Working to change the law is the most direct way to end qualified immunity. Advocacy and lobbying efforts can target federal, state, and local lawmakers to get them to support legislation that would abolish qualified immunity.


Raising awareness about the issue is also crucial. The more people are aware of the problem with qualified immunity, the more pressure there will be on lawmakers to do something about it.

Court Challenges

Challenging qualified immunity cases in court is another way to end the practice. This can be done by filing lawsuits against government entities or officials who have violated someone’s rights. These cases can help to set a precedent and make it more difficult for government officials to claim qualified immunity in future cases.

Qualified immunity is a complex issue, and there is no easy fix. However, it is possible to progress on this issue by working to change the law, raising awareness, and challenging cases in court.


Qualified immunity gives law enforcement officials and public employees a layer of protection from civil lawsuits. This allows them to do their jobs without fearing being sued whenever they make a mistake. While this may seem like an unfair advantage, it’s important to remember that these individuals are often put in difficult and dangerous situations.

The Other Side Of Qualified Immunity

Without qualified immunity, many would be unwilling to take on these roles. There have been cases where officials have abused their power or acted negligently. In these instances, it’s vital that victims can seek justice through a civil lawsuit.

Fortunately, there are ways to end qualified immunity without putting officers and employees at risk. For example, Congress could pass a bill limiting the scope of qualified immunity or making it easier for victims to file suit.

Alternatively, the Supreme Court could rule that qualified immunity doesn’t apply in some instances or narrow its application overall. Whichever path is chosen, we must find a way to balance the need for personal accountability with the importance of protecting our public servants.






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