What Is Qualified Immunity?

Qualified immunity is a judicially created doctrine that shields government officials from being held personally liable for constitutional violations—like the right to be free from excessive police force—for money damages under federal law so long as the officials did not violate “clearly established” law.

Simply, Qualified immunity shields government officials from personal liability in federal lawsuits unless they violate “clearly established” federal law.

What Would Ending Qualified Immunity Accomplish?

First, it would make it easier for individuals to obtain remedies for violations of constitutional rights. Second, it would change structural incentives for governments at all levels, encouraging them to take more responsibility for the actions of their employees.

Since the government’s insurance company almost always pays the bill when an officer is found personally liable for violating someone’s rights, if qualified immunity is removed, governments would be forced to pay higher premiums, unless they took an active role in reducing civil and constitutional rights violations.

For police, this might include providing de-escalation training and instituting robust use-of-force policies. In other words, a world without qualified immunity would mean a world where governments have a stake in making sure their employees follow the Constitution.

Although ending qualified immunity wouldn’t solve all problems of police abuse, it would unquestionably be an improvement. And unlike other proposals for police reform, eliminating qualified immunity would immediately apply to all government officials and could be accomplished either by the U.S. Supreme Court or Congress.

Sources: Lawfareblog.com & ij.com