Skip to content
National Association of Attorneys General
  • Issues
    • Issues
      • Anticorruption
      • Antitrust
      • Bankruptcy
      • Charities
      • Civil Law
    • Issues
      • Consumer Protection
      • Criminal Law
      • Cyber and Technology
      • Disaster Preparedness & Response
      • Elder Justice
    • Issues
      • Ethics
      • Human Trafficking
      • Medicaid Fraud
      • Opioids
      • Powers & Duties
    • Issues
      • Public Health
      • The U.S. Supreme Court
      • Tobacco
      • Veterans & Military
  • Our Work
    • Training & Research
    • Centers
      • NAAG Center on Cyber and Technology
      • NAAG Center for Excellence in Governance
      • NAAG Center for Supreme Court Advocacy
      • NAAG Center for Tobacco & Public Health
      • NAGTRI Center for Consumer Protection
      • NAGTRI Center for Ethics & Public Integrity
      • NAGTRI Center for International Partnerships & Strategic Collaboration
      • NAGTRI Center for Leadership Development
      • NAGTRI Center for Legal Advocacy & Faculty Development
    • Committees
    • Initiatives
      • Presidential Initiative
      • Strategic Partnerships
      • ConsumerResources.org
      • International Fellows
      • COVID-19
    • Bankruptcy
    • Policy & Advocacy
  • Events & Training
    • Event Calendar
    • Attorney General Symposium
    • Presidential Summit
    • Capital Forum
    • Region Meetings
    • CLE Credit
    • NAGTRI Trainings
    • Online Learning
    • NAGTRI Faculty
    • Video Library
  • News & Resources
    • Attorney General Journal
    • Reports & Publications
    • Newsroom
    • NAAG Policy Letters
    • Podcasts
    • Online Learning
    • Research & Data
    • Member Directory
  • Attorneys General
    • What Attorneys General Do
    • Who is my Attorney General?
    • Research & Data
    • Awards & Recognition
    • Careers in Attorney General Offices
  • About NAAG
    • NAAG Staff
    • NAGTRI
    • NAAG Leadership
    • NAAG Member Services
    • NAAG Regions
    • NAAG FAQs
    • SAGE
    • NAMFCU
    • Newsroom
    • Careers at NAAG
  • Find my AG
  • NAGTRI
  • Contact Us
National Association of Attorneys General
  • Find My AG
  • NAGTRI
  • Member Benefits
  • Consumer Complaints
  • Contact Us
Log In
  • Issues
    • Issues
      • Anticorruption
      • Antitrust
      • Bankruptcy
      • Charities
      • Civil Law
    • Issues
      • Consumer Protection
      • Criminal Law
      • Cyber and Technology
      • Disaster Preparedness & Response
      • Elder Justice
    • Issues
      • Ethics
      • Human Trafficking
      • Medicaid Fraud
      • Opioids
      • Powers & Duties
    • Issues
      • Public Health
      • The U.S. Supreme Court
      • Tobacco
      • Veterans & Military
  • Our Work
    • Training & Research
    • Centers
      • NAAG Center on Cyber and Technology
      • NAAG Center for Excellence in Governance
      • NAAG Center for Supreme Court Advocacy
      • NAAG Center for Tobacco & Public Health
      • NAGTRI Center for Consumer Protection
      • NAGTRI Center for Ethics & Public Integrity
      • NAGTRI Center for International Partnerships & Strategic Collaboration
      • NAGTRI Center for Leadership Development
      • NAGTRI Center for Legal Advocacy & Faculty Development
    • Committees
    • Initiatives
      • Presidential Initiative
      • Strategic Partnerships
      • ConsumerResources.org
      • International Fellows
      • COVID-19
    • Bankruptcy
    • Policy & Advocacy
  • Events & Training
    • Event Calendar
    • Attorney General Symposium
    • Presidential Summit
    • Capital Forum
    • Region Meetings
    • CLE Credit
    • NAGTRI Trainings
    • Online Learning
    • NAGTRI Faculty
    • Video Library
  • News & Resources
    • Attorney General Journal
    • Reports & Publications
    • Newsroom
    • NAAG Policy Letters
    • Podcasts
    • Online Learning
    • Research & Data
    • Member Directory
  • Attorneys General
    • What Attorneys General Do
    • Who is my Attorney General?
    • Research & Data
    • Awards & Recognition
    • Careers in Attorney General Offices
  • About NAAG
    • NAAG Staff
    • NAGTRI
    • NAAG Leadership
    • NAAG Member Services
    • NAAG Regions
    • NAAG FAQs
    • SAGE
    • NAMFCU
    • Newsroom
    • Careers at NAAG
  • Find my AG
  • NAGTRI
  • Contact Us

Qualified Immunity

Home / Issues / Civil Law / Qualified Immunity

Qualified immunity is a judicially established doctrine designed to protect public officials from liability when performing acts necessary in their job. This complex doctrine has continued to be a topic of controversy in today’s political climate. For those working within the government sphere, qualified immunity is generally perceived as a necessary protection for normal business function. For those outside of the government sphere, qualified immunity may be viewed as a protection that enables some civil servants to commit acts that that harm others without appropriate consequences.

Government attorneys most typically encounter cases that involve qualified immunity in cases related to state or federal officials, law enforcement officials, teachers, or social workers.

History of Qualified Immunity

  • 1871: The Supreme Court developed the origins of qualified immunity with their interpretation of the Civil Rights Act of 1871, Section 1983. The Civil Rights Act of 1871 was originally intended to broaden the government’s ability to combat attacks perpetrated against African Americans by the Ku Klux Klan and other white supremacy groups.
  • 1967: The Supreme Court ruling in Pierson v. Ray held that the “Good Faith Defense” was available to protect a public official challenged under Section 1983.
  • 1982: In Harlow v. Fitzgerald, the Supreme Court refocused its definition of qualified immunity to assess the objective legality of a public official’s actions, rather than assessing the subjective intent of the official. The court held that an official could have immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
  • 2020: In the Taylor v. Riojas ruling, the Supreme Court removed qualified immunity as a protection for the actions of correctional officers.

Resources for Qualified Immunity:

  • Policing the Police: Qualified Immunity and Considerations for Congress

Latest News

  • Supreme Court Report: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 22-227 January 30, 2023
  • Supreme Court Report: U.S. ex rel. Schutte v. SuperValu, Inc., 21-1326; U.S. ex rel. Proctor v. Safeway, Inc., 22-111 January 30, 2023
  • Supreme Court Report: Pugin v. Garland, 22-23; Garland v. Cordero-Garcia, 22-331 January 30, 2023
  • Supreme Court Report: Dupree v. Younger, 22-210 January 30, 2023
  • Supreme Court Report: Yegiazaryan v. Smagin, 22-381; CMB Monaco v. Smagin, 22-383 January 30, 2023

Connect with NAAG and the Attorney General Community

Create a NAAG account to subscribe to our newsletters or mailing lists.

Create Account
Subscribe
Marble columns and the top of a federal building

scroll to filters

White Logo for the National Association of Attorneys General

1850 M Street NW
12th floor
Washington, DC 20036

TEL 202-326-6000
EMAIL 

Youtube
  • Issues
    • Issues
      • Anticorruption
      • Antitrust
      • Bankruptcy
      • Charities
      • Civil Law
    • Issues
      • Consumer Protection
      • Criminal Law
      • Cyber and Technology
      • Disaster Preparedness & Response
      • Elder Justice
    • Issues
      • Ethics
      • Human Trafficking
      • Medicaid Fraud
      • Opioids
      • Powers & Duties
    • Issues
      • Public Health
      • The U.S. Supreme Court
      • Tobacco
      • Veterans & Military
  • Our Work
    • Training & Research
    • Centers
      • NAAG Center on Cyber and Technology
      • NAAG Center for Excellence in Governance
      • NAAG Center for Supreme Court Advocacy
      • NAAG Center for Tobacco & Public Health
      • NAGTRI Center for Consumer Protection
      • NAGTRI Center for Ethics & Public Integrity
      • NAGTRI Center for International Partnerships & Strategic Collaboration
      • NAGTRI Center for Leadership Development
      • NAGTRI Center for Legal Advocacy & Faculty Development
    • Committees
    • Initiatives
      • Presidential Initiative
      • Strategic Partnerships
      • ConsumerResources.org
      • International Fellows
      • COVID-19
    • Bankruptcy
    • Policy & Advocacy
  • Events & Training
    • Event Calendar
    • Attorney General Symposium
    • Presidential Summit
    • Capital Forum
    • Region Meetings
    • CLE Credit
    • NAGTRI Trainings
    • Online Learning
    • NAGTRI Faculty
    • Video Library
  • News & Resources
    • Attorney General Journal
    • Reports & Publications
    • Newsroom
    • NAAG Policy Letters
    • Podcasts
    • Online Learning
    • Research & Data
    • Member Directory
  • Attorneys General
    • What Attorneys General Do
    • Who is my Attorney General?
    • Research & Data
    • Awards & Recognition
    • Careers in Attorney General Offices
  • About NAAG
    • NAAG Staff
    • NAGTRI
    • NAAG Leadership
    • NAAG Member Services
    • NAAG Regions
    • NAAG FAQs
    • SAGE
    • NAMFCU
    • Newsroom
    • Careers at NAAG
  • Find my AG
  • NAGTRI
  • Contact Us
  • Find My AG
  • NAGTRI
  • Member Benefits
  • Consumer Complaints
  • Contact Us
  • Accessibility Statement
  • Privacy & Cookies Notice
  • Sitemap
  • Member Login

About the National Association of Attorneys General

As the nonpartisan national forum for America's state and territory attorneys general and their staff, NAAG provides collaboration, insight, and expertise to empower and champion America's attorneys general.
Learn More

© 2023 Copyright National Association of Attorneys General

Website by Yoko Co

Internal Feedback / Report an Error

Request an Update / Report an Error

Please enter your change or describe your request. Be sure to reference where the error appears on the page and what needs to be done specifically.

Who is requesting this change?(Required)

Scroll To Top