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In the United States, qualified immunity is a legal principle of federal constitutional law that grants government officials performing discretionary (optional) functions immunity from lawsuits for damages unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known". [1]
Qualified immunity is a federal legal principle that in some instances protects some government officials, like police, from lawsuits resulting from actions performed in an official capacity.
Qualified immunity involves civil liability only – financial compensation in a lawsuit – not criminal liability. The court system would still decide criminality in a separate proceeding.
Pierson v. Ray, 386 U.S. 547 (1967), was a United States Supreme Court case in which the Court first introduced the justification for qualified immunity for police officers from being sued for civil rights violations under Section 1983, by arguing that "[a] policeman's lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he had ...
Qualified immunity protects government officials, including police officers, from lawsuits. "It requires civil rights plaintiffs to show not just that their rights were violated, but they also ...
Novak v. City of Parma, No. 21-3290, is a 2022 decision of the United States Court of Appeals for the Sixth Circuit granting qualified immunity to the city of Parma, Ohio, and its officials for prosecuting Anthony Novak over a Facebook page that parodied the Parma Police Department's page.
After Dorsey's family sued, a lower court agreed with the family that qualified immunity did not protect Agdeppa from personal liability in the matter. That decision was appealed to the 9th Circuit.
Hope v. Pelzer, 536 U.S. 730 (2002), was a United States Supreme Court case in which the Court ruled that the defense of qualified immunity, under which government actors may not be sued for actions they take in connection with their offices, did not apply to a lawsuit challenging the Alabama Department of Corrections's use of the "hitching post", a punishment whereby inmates were immobilized ...