Constitutional Law
Qualified Immunity
A defense shielding government officials from damages unless they violated clearly established federal law.
Plain-English definition
Qualified immunity protects many individual government officials from damages liability even when a plaintiff alleges constitutional harm. The plaintiff must show both a rights violation and that the right was clearly established in the specific context at the time.
How it works
Qualified immunity is often raised in a motion to dismiss or summary judgment. Denials may sometimes be appealed immediately when they turn on legal issues.
Why it matters
This defense can end civil-rights cases before trial and is one of the most litigated issues in police and jail lawsuits.
Related terms
More in Constitutional Law
Due Process
A constitutional guarantee that government must use fair procedures and respect certain protected rights before depriving life, liberty, or property.
Equal Protection
The constitutional principle that government must treat similarly situated people alike unless it has a sufficient justification.
Fourth Amendment
The constitutional protection against unreasonable searches and seizures.
Section 1983
The federal statute allowing lawsuits against state or local actors for constitutional and federal-rights violations.
Standing
The constitutional requirement that a plaintiff have a sufficient personal stake in the controversy to invoke federal court jurisdiction.
State Action
The requirement that many constitutional claims involve government action rather than purely private conduct.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.