What is Qualified Immunity?
Qualified immunity is not absolute immunity!
Qualified immunity is a defense that can be raised. It is a necessary protection for government officials, particularly law enforcement officers, allowing them to perform their duties without constant fear of personal lawsuits.
Public employees can be sued, but qualified immunity permits a court to make a decision early in the process as to whether or not they violated a “clearly established” constitutional or statutory rights that a reasonable person would have known.
In cases of misconduct, judges deny claims of qualified immunity and the case proceeds.
- Without qualified immunity, frivolous and malicious lawsuits will be litter court systems, and tie the hands of law enforcement and punishing public employees for merely carrying out their duties and responsibilities.
- Officers would be discouraged from making quick decisions in dangerous situations
- Eliminating Qualified Immunity will raise taxes, increase crime and devastate the number of people willing to serve their community.
- Eliminating Qualified Immunity hurts not just law enforcement, it targets those who educate our children, care for our elderly, and all other public employees
