Qualified immunity
Encyclopedia
Qualified immunity is a doctrine in U.S. federal
law
that arises in cases brought against state officials under 42 U.S.C
Section 1983 and against federal officials under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Qualified immunity shields government officials from liability for the violation of an individual's federal constitutional rights. This grant of immunity is available to state or federal employees performing discretionary functions where their actions, even if later found to be unlawful, did not violate "clearly established law." The defense of qualified immunity was created by the U.S. Supreme Court, replacing a court's inquiry into a defendant's subjective state of mind with an inquiry into the objective reasonableness of the contested action. A government agent's liability in a federal civil rights lawsuit now no longer turns upon whether the defendant acted with "malice
," but on whether a hypothetical reasonable person
in the defendant's position would have known that his/her actions violated clearly established law.
As outlined by the Supreme Court in Harlow v. Fitzgerald
, 457 U.S. 800
(1982), qualified immunity is designed to shield government officials from actions "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."
In 2001, the Supreme Court in Saucier v. Katz
established a rigid order in which courts must decide the merits of a defendant's qualified immunity defense. First, the court determines whether the complaint states a constitutional violation. If so, the next sequential step is to determine whether the right at issue was clearly established at the time of the official's conduct. The Court subsequently overruled Saucier in Pearson v. Callahan
, holding that the two-step procedure was no longer mandatory.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
that arises in cases brought against state officials under 42 U.S.C
Title 42 of the United States Code
Title 42 of the United States Code is the title of the United States Code dealing with public health, social welfare, and civil rights.—The Public Health Service—The Public Health Service, Supplemental Provisions—Sanitation and Quarantine—Leprosy—Cancer—Viruses, Serums, Toxins, Antitoxins,...
Section 1983 and against federal officials under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Qualified immunity shields government officials from liability for the violation of an individual's federal constitutional rights. This grant of immunity is available to state or federal employees performing discretionary functions where their actions, even if later found to be unlawful, did not violate "clearly established law." The defense of qualified immunity was created by the U.S. Supreme Court, replacing a court's inquiry into a defendant's subjective state of mind with an inquiry into the objective reasonableness of the contested action. A government agent's liability in a federal civil rights lawsuit now no longer turns upon whether the defendant acted with "malice
Malice
Malice may refer to:* Malice , a legal term describing the intent to harm* Jerry Tuite , American professional wrestler also known by the ring name Malice-Entertainment:...
," but on whether a hypothetical reasonable person
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
in the defendant's position would have known that his/her actions violated clearly established law.
As outlined by the Supreme Court in Harlow v. Fitzgerald
Harlow v. Fitzgerald
Harlow v. Fitzgerald, , was a case decided by the United States Supreme Court involving the doctrines of qualified immunity and absolute immunity. It is occasionally falsely stated that the Court held that presidential aides were not entitled to absolute immunity, but that question was reserved for...
, 457 U.S. 800
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1982), qualified immunity is designed to shield government officials from actions "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."
In 2001, the Supreme Court in Saucier v. Katz
Saucier v. Katz
Saucier v. Katz, , was a case decided by the United States Supreme Court in which the court considered the qualified immunity of a police officer to a civil rights case brought through a Bivens action.-Background:...
established a rigid order in which courts must decide the merits of a defendant's qualified immunity defense. First, the court determines whether the complaint states a constitutional violation. If so, the next sequential step is to determine whether the right at issue was clearly established at the time of the official's conduct. The Court subsequently overruled Saucier in Pearson v. Callahan
Pearson v. Callahan
Pearson v. Callahan, 555 U.S. 223 , is a case decided by the United States Supreme Court.The Court took to the unusual step of asking the parties to argue whether past precedent should be overturned. The theory under that 2001 decision, Saucier v. Katz, is that without courts first ruling on...
, holding that the two-step procedure was no longer mandatory.