First we all must understand what "Qualified Immunity" really is:
“Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan .
Specifically, qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether or not a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights. Courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case.
Qualified immunity is not immunity from having to pay money damages, but rather immunity from having to go through the costs of a trial at all. Accordingly, courts must resolve qualified immunity issues as early in a case as possible, preferably before discovery.
Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials’ actions.
Now read the IMPORTANT part again: "ALLOWING suits where officials violated a “clearly established” statutory or constitutional right."
I fully support the practice of qualified immunity as it takes NOTHING from the citizens and properly support and protects law enforcement as well as others from frivolous lawsuits and unethical attorneys.
First we all must understand what "Qualified Immunity" really is:
“Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan .
Specifically, qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether or not a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights. Courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case.
Qualified immunity is not immunity from having to pay money damages, but rather immunity from having to go through the costs of a trial at all. Accordingly, courts must resolve qualified immunity issues as early in a case as possible, preferably before discovery.
Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials’ actions.
Now read the IMPORTANT part again: "ALLOWING suits where officials violated a “clearly established” statutory or constitutional right."
I fully support the practice of qualified immunity as it takes NOTHING from the citizens and properly support and protects law enforcement as well as others from frivolous lawsuits and unethical attorneys.
Compelling observations, nicely framed, concisely stated....