Simone Lawson
Qualified immunity is a legal immunity that protects government officials from being sued for violating a plaintiff's rights. It has been criticised for shielding officials from accountability and acting as a barrier to justice, particularly for communities of colour. The doctrine has been described as burning a hole in the constitution due to its prioritisation of protecting officials over upholding constitutional rights. The debate surrounding qualified immunity centres on the need to balance accountability for officials who abuse their power with protection from frivolous lawsuits.
| Characteristics | Values |
|---|---|
| Creation of qualified immunity | Invented by the Supreme Court in 1967 |
| Who does it protect? | Government officials and employees |
| Who does it affect? | Victims of rights abuses are denied a fair trial |
| What does it protect against? | Lawsuits alleging violation of plaintiff's rights |
| What does it not protect against? | Immunity from having to pay money damages |
| How does it work? | A two-part test determines if a constitutional right has been violated and if that right was clearly established at the time of the violation |
| Why is it controversial? | It places government officials above the law, shielding them from accountability and allowing rights abuses to go unpunished |
| What are the consequences? | Unjustifiable abuses, deaths, and misconduct |
| What are the proposed solutions? | Legislation to reform qualified immunity and hold government officials accountable, such as the Jackson-Hunter bill |
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What You'll Learn
Qualified immunity protects government officials from lawsuits
Qualified immunity is a type of legal immunity that protects government officials from lawsuits alleging that the official violated a plaintiff's rights. It was introduced by the U.S. Supreme Court in Pierson v. Ray (1967), during the civil rights movement. The rationale behind this doctrine was to protect law enforcement officials from frivolous lawsuits and financial liability in cases where they acted in good faith in unclear legal situations.
The modern test for qualified immunity was established in Harlow v. Fitzgerald (1982). The Supreme Court held that federal government officials are entitled to qualified immunity, shielding them from criminal prosecution and lawsuits, provided their actions were within the scope of their jobs. The Court reasoned that immunity was necessary to protect officials who are required to exercise discretion and to encourage the vigorous exercise of official authority.
In practice, qualified immunity applies to suits against government officials as individuals, not against the government for damages caused by those officials' actions. It is frequently used as a defence by police officers, but it also applies to most other executive branch officials. When a plaintiff brings a suit against a public official, the official can raise qualified immunity, protecting them from liability unless they acted with clear incompetence or knowingly violated the law.
Critics argue that qualified immunity allows police brutality and government misconduct to go unpunished, with officials violating constitutional rights without consequence. Supreme Court Justice Sonia Sotomayor noted a "disturbing trend" of the Court siding with police officers using excessive force, allowing them to act with impunity. The original intent of the law is also questioned, with critics arguing that the Supreme Court's creation of qualified immunity goes against the intent of Congress and the Constitution, placing government officials above the law.
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It shields them from accountability for unconstitutional actions
The doctrine of qualified immunity has been criticised for allowing government officials and employees to act with impunity and avoid accountability for unconstitutional actions. This is because, in practice, it is incredibly difficult to hold officials liable for violating constitutional rights unless a court has explicitly ruled that their specific actions were unconstitutional.
The central focus of the qualified immunity doctrine is the ""clearly established law" standard. This means that for a plaintiff to succeed in a claim against a public official, they must show that the official violated a "clearly established" statutory or constitutional right. This has been interpreted to mean that there must be a previous case with essentially identical facts, where the outcome was that the actions in question were deemed unconstitutional.
This high bar often means that even where officials have acted unconstitutionally, they are shielded from liability because no previous identical case exists. This has been described as an "insane cycle", where the court acknowledges a constitutional violation but does not create a precedent, meaning that the same violation can be repeated without consequence.
As a result, qualified immunity has been criticised for placing government officials above the law and for violating the constitutional rights of citizens. Defenders of qualified immunity argue that it is necessary to protect officials from harassment and distraction when they perform their duties reasonably. However, critics argue that the doctrine is unsupported by facts on the ground and that settlements and judgments against officers are rarely paid by the officers themselves.
The difficulty of holding officials accountable has led to calls for reform or the elimination of qualified immunity. For example, the New York City Bar Association has endorsed legislation that creates a remedy for the violation of state and federal constitutional rights and helps ensure accountability for public employees who violate those rights.
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Victims are denied justice and fair trials
The concept of qualified immunity has been criticised for shielding government officials and employees from the consequences of their actions, with victims being denied justice and a fair trial.
Qualified immunity is a type of legal immunity that protects government officials from lawsuits alleging that the official violated a plaintiff's rights. It is a defence to stand trial, not merely a defence from liability. This means that victims of police misconduct are often denied justice, as the individual police officer is almost never held personally liable. Instead, the department or local government pays the victims of proven police misconduct.
The Supreme Court created qualified immunity in 1967, just six years after the Court first recognised that people could sue police officers and other government officials for violating their constitutional rights. In Pierson v Ray, the Court held that the officers were entitled to a "good faith" immunity in civil rights cases. However, today, officers are entitled to qualified immunity even if they act in bad faith, as long as there is no precedent for the violation. This has created an "insane cycle" where constitutional violations are allowed to continue without consequence.
The central focus of the qualified immunity doctrine is the "'clearly established' law" standard. In other words, for a government official to be held liable, it must be proven that they violated a "clearly established" statutory or constitutional right. This has been interpreted to mean that there must be a previous case with essentially identical facts, and the outcome of that case must have been a holding that the actions in question were unconstitutional. This interpretation sets a very high bar for victims seeking justice and allows government officials to act with impunity, knowing that they are unlikely to be held accountable for their actions.
The high cost of litigating qualified immunity cases also contributes to the denial of justice for victims. As Justice Sotomayor put it, "It is time to restore some reason to a doctrine that is becoming increasingly unreasonable."
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The doctrine is unsupported by the Constitution
The doctrine of qualified immunity is a type of legal immunity that protects government officials from lawsuits alleging that the official violated a plaintiff's rights. It only applies to civil lawsuits and suits against government officials as individuals, not suits against the government for damages caused by officials' actions. The doctrine was introduced by the US Supreme Court in Pierson v. Ray (1967) to protect law enforcement officials from frivolous lawsuits and financial liability in cases where they acted in good faith in unclear legal situations.
However, critics argue that the doctrine is unsupported by the Constitution and has become a tool to let police brutality and misconduct go unpunished, denying victims their constitutional rights. The Supreme Court's decision in Pearson et al. v. Callahan in 2009 further contributed to this criticism by allowing courts to decide cases without addressing whether the actions at issue violate the Constitution. This has led to a cycle where constitutional violations are not acknowledged or addressed, fostering "constitutional stagnation".
For example, in cases involving the use of excessive or deadly force by police, courts have applied qualified immunity, sparking widespread criticism. In one instance, a police officer who shot a 10-year-old child while trying to shoot a family dog was granted qualified immunity because no earlier case held that it was unconstitutional for an officer to recklessly fire a gun into a group of children. This demonstrates how the doctrine can shield officials from accountability and deny justice to victims and their families.
Furthermore, the "clearly established law" standard, which requires a nearly identical previous decision holding that the specific conduct was unconstitutional, makes it challenging to hold officials accountable for violating constitutional rights. This standard has resulted in a circular and confounding nature of the doctrine, driving up litigation costs and allowing claims to be dismissed or not raised at all.
The doctrine of qualified immunity, with its focus on the "clearly established law" standard, has come under scrutiny for its impact on constitutional rights and the difficulty in holding government officials accountable for their actions. Reform efforts, such as the Jackson-Hunter bill in New York, aim to address these concerns and ensure better accountability for public employees who violate constitutional rights.
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It complicates litigation and drives up costs
The qualified immunity doctrine, established by the Supreme Court in 1967, has been criticised for its circular and confounding nature, which complicates litigation. The doctrine protects government officials and employees from lawsuits alleging that they violated a plaintiff's rights, unless the officials violated a "clearly established" statutory or constitutional right. This means that even if a constitutional violation is proven, the defendant cannot be held liable unless it has been "clearly established" that their actions were unconstitutional.
This has resulted in a cycle where constitutional violations are acknowledged but not addressed, as there is no precedent. As a result, the next time a similar violation occurs, there is still no precedent, and so on. This cycle makes it incredibly difficult to hold government officials accountable for their actions, even in cases of police misconduct or abuse of power.
The doctrine's complex nature also drives up litigation costs. When a defendant is denied dismissal on qualified immunity grounds, they may bring an interlocutory appeal, which increases the overall cost of litigation. This high cost of litigating these cases means that even meritorious claims may be dismissed or not raised at all, allowing state actors to continue engaging in actions that violate constitutional rights.
Furthermore, the cost of litigating these cases often falls on the plaintiffs' attorneys, who may have to bankroll years-long efforts just to clarify the scope of constitutional rights. This can create a significant financial burden for those seeking justice and accountability for violations of their rights.
The qualified immunity doctrine, with its complex and confounding nature, has thus created a system that favours government officials and makes it exceedingly difficult for victims of constitutional violations to seek redress.
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Frequently asked questions
Qualified immunity is a type of legal immunity that protects government officials and employees from lawsuits alleging that they violated a plaintiff's rights.
Qualified immunity allows government officials to violate constitutional rights without being held accountable. Courts have ruled that law enforcement cannot be held liable unless it has been "clearly established" that what they did was unconstitutional. This means that unless there has been a previous case with identical facts and the outcome was that the actions were unconstitutional, law enforcement cannot be held liable.
The main argument against qualified immunity is that it places government officials above the law and allows them to act with impunity. It also denies victims the right to a fair trial and shields abusive officials from accountability. Additionally, it is unsupported by the text of the Constitution.
There are alternative ways to deal with corrupt wealth and power without violating the Constitution. For example, the Jackson-Hunter bill in New York aims to create a remedy for the violation of New Yorkers' rights and ensure accountability for public employees who violate those rights.
