What is Qualified Immunity?

Qualified Immunity is a legal loophole that makes it almost impossible to sue government officials and politicians when your constitutional rights are violated. This doctrine was established by the US Supreme Court in 1967 and it shields government officials, employees, and agents, from being held personally liable for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. This means that even if the government violates someone's constitutional rights, it may not be held liable if the law on that specific issue was not clearly established at the time of the violation.

Why End it?

The existence of qualified immunity has led to a lack of accountability for our government and has hindered the ability for citizens to seek justice for the misconduct of government employees. This has resulted in a lack of transparency and accountability within government and has prevented victims of misconduct from seeking accountability and compensation for their injuries.

Ending qualified immunity would ensure that we the people are able to hold our government accountable when it violates our constitutional rights.

Timeline

The movement to end qualified immunity has been gaining momentum in recent years, with four states: Colorado, New Mexico, Montana, and Nevada having ended qualified immunity.

2020: The death of George Floyd sparked nationwide protests and renewed calls to end qualified immunity.

2019: The Supreme Court declines to hear a case that would have clarified the scope of qualified immunity.

2018: The Department of Justice announces a review of qualified immunity.

2017: The Congressional Research Service releases a report on qualified immunity.

1982: The Supreme Court strengthens qualified immunity to protect corrupt Nixon aides in the case Harlow v. Fitzgerald.

1967: The Supreme Court establishes the qualified immunity doctrine in the case Pierson v. Ray.