Also known as: qualified immunities
Written by attorneys · grounded in primary & secondary sources — see below
A protection afforded government officials from civil damages liability for discretionary acts performed within the scope of their duties. The shield applies unless the official's conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.
Quentin Quinn, a senior White House technology advisor, directed a federal team to disable Quest Capital's servers after intelligence reports flagged foreign disinformation risks. Quest Capital and its founder sued Quinn for damages, alleging violations of clearly established constitutional rights. Quinn moved to dismiss. The court applied qualified immunity and required the plaintiffs to show that Quinn violated clearly established law.
Quade Quimby and other federal narcotics agents entered Quiana Quach's apartment without a warrant and seized evidence. Quach filed a Bivens action alleging a Fourth Amendment violation. The agents asserted qualified immunity. The court held that the agents could claim qualified immunity only if their conduct did not violate clearly established rights.
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Queenie Quinones, a cabinet-level official, was sued for damages arising from discretionary national-security actions taken while in office. The plaintiff alleged violation of clearly established constitutional rights. Quinones moved to dismiss on qualified immunity grounds. The court applied the defense because the conduct did not violate clearly established law of which a reasonable official would have known.
Officer Quinton Quimby shot and killed a fleeing burglary suspect who posed no threat of serious harm. The suspect's estate sued under section 1983. Quimby asserted qualified immunity. The court denied the defense because the use of deadly force against an unarmed, non-dangerous suspect violated clearly established Fourth Amendment law.
Prosecutor Quentin Quinn wrote an internal memorandum recommending dismissal of charges based on evidence of police misconduct. The defendant later sued Quinn under section 1983, claiming the memo violated First Amendment rights. Quinn moved for summary judgment on qualified immunity grounds. The court granted the motion because the conduct did not clearly violate established law.
Attorney General Quade Quimby and FBI Director Queenie Quinones implemented a policy detaining individuals on material witness warrants without individualized suspicion of flight. Detainee Quinton Quimby sued for constitutional violations. The officials asserted qualified immunity. The court held that the complaint failed to plead facts plausibly showing a violation of clearly established rights.
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 and may be held liable if they violate clearly established rights.
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No. Qualified immunity shields officials only when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Good faith alone is insufficient if the right was clearly established at the time of the conduct.
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Yes. Courts routinely resolve qualified immunity questions on a motion to dismiss or for summary judgment because the doctrine protects officials from the burdens of litigation itself, not merely from ultimate liability.
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No. Qualified immunity protects officials only from damages liability. It does not bar suits seeking injunctive or declaratory relief.
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…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…