Also known as:limited immunities · qualified immunity
Written by attorneys · grounded in primary & secondary sources — see below
Protection from civil liability granted to government officials for discretionary acts performed in an official capacity. The protection shields the official unless the conduct violates clearly established statutory or constitutional rights of which a reasonable official would have known.
Sources & Authorities
How it applies
Common Examples
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Aide Pressures Messaging Startup
Leonard Lowe, a senior White House technology advisor, directed a federal task force to pressure a small encrypted messaging company to disclose user data without warrants. The company and its CEO sued Lowe personally, alleging violations of clearly established constitutional privacy rights. Because the conduct involved routine law-enforcement pressure rather than a core foreign-affairs function closely tied to presidential decisionmaking, Lowe received only limited immunity and could not obtain dismissal on absolute-immunity grounds.
Deputy Sheriff Causes Fatal Crash
Lucy Liu, a county sheriff's deputy, pursued a fleeing motorcycle at high speed through residential streets. The chase ended when the motorcycle crashed, killing the passenger. The passenger's estate sued Liu under the Fourteenth Amendment. Because the conduct did not shock the conscience, Liu was entitled to limited immunity and the claim was dismissed.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
County of Sacramento v. Lewis523 U.S. 833 (1998)
Police Ignore Restraining Order
Latoya Lane obtained a restraining order against her estranged husband. Local officers repeatedly declined to enforce it, and the husband later murdered their three children. Lane sued the officers for violating her due-process rights. Because no clearly established constitutional right required enforcement of the order, the officers received limited immunity and the suit was dismissed.
Town of Castle Rock, Colorado v. Gonzales545 U.S. 748 (2005)
Officer Questions Injured Suspect
Lillian Locke, a police officer, repeatedly questioned a man suffering from gunshot wounds without giving Miranda warnings. The man later sued, claiming the interrogation violated his Fifth Amendment rights. Because the questioning did not produce any incriminating statements used at trial, Locke enjoyed limited immunity and the damages claim failed.
Chavez v. Martinez538 U.S. 760 (2003)
Hospital Restrains Violent Patient
Levi Lowe, a state hospital administrator, authorized the use of physical restraints on a profoundly disabled resident who frequently injured himself and others. The resident's guardian sued, alleging a substantive due-process violation. Because the restraints were a reasonable professional judgment, Lowe received limited immunity and the claim was rejected.
Youngberg v. Romeo457 U.S. 307, 321 (1982)
Military Detains Citizen Combatant
Luke Latham, a military officer, detained an American citizen captured on a foreign battlefield as an enemy combatant. The detainee's father petitioned for habeas relief, arguing that due process required a meaningful opportunity to contest the detention. Because the military provided a process that verified enemy-combatant status with sufficient certainty, Latham was protected by limited immunity from damages liability.
Hamdi v. Rumsfeld542 U.S. 507, 124 S. Ct. 2633, 159 L. Ed. 2d 578 (2004)
Common questions
Frequently Asked
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When do presidential aides receive absolute rather than limited immunity?+
Presidential aides receive absolute immunity only when they perform discretionary functions in sensitive areas of national concern, such as foreign affairs, that are closely tied to presidential decisionmaking. In all other circumstances they receive only limited immunity.
Supporting sources
Does an allegation that an official violated clearly established rights automatically defeat limited immunity?+
No. Limited immunity protects the official unless the plaintiff can show both a violation of a federal right and that the right was clearly established at the time so that a reasonable official would have known the conduct was unlawful.
Supporting sources
Is limited immunity available for purely administrative or personnel decisions by executive officials?+
No. Administrative or personnel decisions, such as firing or reassigning employees, receive only limited immunity even when performed by high-level aides. Absolute immunity does not attach to such functions.
Supporting sources
489 U.S. 189 (1989)Constitutional Law
…for the deprivation of his liberty interest in bodily integrity, and that the claim was barred by the Eleventh Amendment and by qualified immunity. Held: Respondents had no constitutional duty to protect petitioner from his father’s repeated beatings. Pp. 194–203. (a) The Due Process Clause of the Fourteenth Amendment does not…