Definition
Qualified immunity shields certain officials from personal liability unless they violated clearly established federal law.
Political Dictionary
Qualified Immunity
Qualified immunity is a doctrine that may protect government officials from civil damages.
Why It Matters
It affects accountability for alleged constitutional violations and remains highly debated.
How It Works
Courts ask whether a right was violated and whether it was clearly established in a sufficiently specific way.
History
The modern doctrine developed through Supreme Court decisions in the twentieth century.
Example
An officer may receive immunity if no controlling precedent clearly prohibited the conduct.
Common Misconceptions
- It prevents all lawsuits against officials.
- It applies to criminal prosecution.
- It is written explicitly in the Constitution.
Related Terms
- Civil Rights
- Section 1983
- Government Official
- Constitutional Law
- Sovereign Immunity
Related Topics
See Also