Qualified immunity is a judge-made legal protection that shields government officials from claims of unconstitutional conduct. It is a unique and specialized defense available only to government actors and can, if applied, allow those actors to avoid responsibility for constitutional violations. The doctrine shields officials from civil lawsuits for damages. Qualified immunity is an immunity from suit: if it applies, it prevents those officials from needing to put on a defense or litigate at all.¹

Although it is a legal doctrine, the issue of qualified immunity has gained significant public interest in the context of civil rights lawsuits against law enforcement officers, particularly regarding officers’ excessive use of force. When sued for constitutional violations, police officers frequently claim qualified immunity applies and therefore the case should be dismissed.

Qualified immunity has also spawned thousands of sometimes varying and complex court decisions that define and interpret the doctrine’s contours. The result is that not only does qualified immunity create a unique legal shield for law enforcement, but it also erects procedural hurdles that make enforcing our Constitution’s guarantees complex and difficult.

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