Also known as:qualified immunity · qualified-immunity doctrine · QI doctrine · qualified immunity defense
Written by attorneys · grounded in primary & secondary sources — see below
A form of official immunity that shields government officials from civil liability for discretionary acts performed within the scope of their duties. Officials receive this protection unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.
Sources & Authorities
How it applies
Common Examples
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Aide's Server Shutdown Order
Quentin Quinn, a senior White House technology advisor, directed a federal cybersecurity team to disable the servers of a domestic social media startup after intelligence reports indicated foreign disinformation risks. The startup's owner sued Quinn for damages alleging violations of clearly established constitutional rights. Quinn moved to dismiss asserting absolute immunity. The court applied qualified immunity and required the plaintiff to show that the rights were clearly established at the time of the action.
President's Firing Decision
Quiana Quach, a former presidential aide, was sued by a discharged Air Force analyst who claimed retaliation for congressional testimony. The analyst alleged the firing violated statutory protections. The court held that the President enjoyed absolute immunity for acts within the outer perimeter of official duties while the aide received only qualified immunity subject to the clearly established rights test.
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Cases
Casebooks
Hornbooks
Richard Nixon v. A. Ernest Fitzgerald457 U.S. 731 (1982)
Municipal Policy Challenge
Quillan Quick sued the City of New York and its social services department alleging that a municipal policy caused the termination of his employment without due process. The city defended on the ground that its officials acted under color of law. The court applied the qualified immunity standard to the individual officials while allowing the Monell claim against the municipality to proceed on a different theory.
Monell v. Department of Social Services of the City of New York436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)
Pleading Sufficiency Dispute
Quinlan Quick, a detainee, sued federal officials alleging a policy of harsh confinement that violated clearly established constitutional rights. The complaint contained only conclusory allegations without factual support tying the defendants to the policy. The court applied the qualified immunity defense at the pleading stage and required the plaintiff to plead facts showing a plausible violation of clearly established law.
Ashcroft v. Iqbal556 U.S. 662 (2009)
Prosecutor's Charging Decision
Queen Quintero, a state prosecutor, was sued by a defendant who claimed that the prosecutor knowingly used false testimony to obtain a conviction. The prosecutor moved to dismiss on immunity grounds. The court granted absolute immunity for acts intimately associated with the judicial phase of the criminal process while noting that qualified immunity would apply to administrative or investigative functions.
Imbler v. Pachtman424 U.S. 409 (1976)
High Speed Chase Shooting
Quincy Quan, a police officer, fired multiple shots at a fleeing vehicle during a high-speed pursuit that ended in a crash killing the driver. The driver's estate sued under section 1983 alleging excessive force. The court applied the qualified immunity standard and examined whether the officer's conduct violated clearly established Fourth Amendment law under the circumstances.
County of Sacramento v. Lewis523 U.S. 833 (1998)
Common questions
Frequently Asked
3
When do presidential aides receive absolute immunity rather than qualified immunity?+
Presidential aides receive absolute immunity only when performing discretionary functions in sensitive areas of national concern that are closely tied to presidential decisionmaking. In all other circumstances they receive only qualified immunity that shields them unless they violate clearly established statutory or constitutional rights.
Supporting sources
Does qualified immunity protect officials from suit at the pleading stage?+
Yes. Qualified immunity is designed to protect officials from the burdens of litigation itself. Courts routinely resolve the defense on a motion to dismiss or for summary judgment when the pleadings or limited record show that the conduct did not violate clearly established law.
Supporting sources
What must a plaintiff show to overcome a qualified immunity defense?+
A plaintiff must demonstrate that the official violated a statutory or constitutional right and that the right was clearly established at the time of the conduct such that a reasonable official would have known the action was unlawful.
Supporting sources
457 U.S. 731 (1982)Constitutional Law
…immunity for acts alleged to be in violation of clearly established law. The court also held that the President is entitled to qualified immunity for acts within the outer perimeter of his authority if he can show that he acted in good faith. Majority opinion Opinion of the Court by Justice Powell This case presents the…