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
      • Powers & Duties
    • Issues
      • Public Health
      • The U.S. Supreme Court
      • Tobacco
      • Veterans & Military
  • Our Work
    • Training & Research
    • Centers
      • 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
      • Consumer Resources.org
      • International Fellows
      • COVID-19
    • Bankruptcy
    • Policy & Advocacy
  • Events & Training
    • Event Calendar
    • Attorney General Symposium
    • Presidential Summit
    • Capital Forum
    • Region Meetings
    • 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
    • AGs in the News
    • 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
  • Log In
National Association of Attorneys General
  • Find My AG
  • NAGTRI
  • 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
      • Powers & Duties
    • Issues
      • Public Health
      • The U.S. Supreme Court
      • Tobacco
      • Veterans & Military
  • Our Work
    • Training & Research
    • Centers
      • 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
      • Consumer Resources.org
      • International Fellows
      • COVID-19
    • Bankruptcy
    • Policy & Advocacy
  • Events & Training
    • Event Calendar
    • Attorney General Symposium
    • Presidential Summit
    • Capital Forum
    • Region Meetings
    • 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
    • AGs in the News
    • 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
  • Log In

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

  • States’ Tobacco Master Settlement Agreement Helps Implement CDC Strategies to Reduce Tobacco Use January 14, 2021
  • National Association of Attorneys General Condemns Attack on U.S. Capitol January 13, 2021
  • Challenge to the FTC’s Disgorgement Authority to be Heard by Supreme Court January 12, 2021
  • Attorneys General Push FDA to Examine Progress in Opioid Fight January 11, 2021
  • “Admitted to Practice,” “Practicing Lawyer,” “Active Practice”—What Attorney General Qualifications Mean January 7, 2021

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
White Logo for the National Association of Attorneys General

1850 M Street NW
12th floor
Washington, DC 20036

TEL 202-326-6000
EMAIL support@naag.org

  • 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
      • Powers & Duties
    • Issues
      • Public Health
      • The U.S. Supreme Court
      • Tobacco
      • Veterans & Military
  • Our Work
    • Training & Research
    • Centers
      • 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
      • Consumer Resources.org
      • International Fellows
      • COVID-19
    • Bankruptcy
    • Policy & Advocacy
  • Events & Training
    • Event Calendar
    • Attorney General Symposium
    • Presidential Summit
    • Capital Forum
    • Region Meetings
    • 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
    • AGs in the News
    • 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
  • Log In
  • Find My AG
  • NAGTRI
  • Contact Us
  • Accessibility Statement
  • Privacy & Cookies Notice
  • Sitemap
  • Member Login

About the National Association of Attorneys General

As the nonpartisan national forum for the 56 state and territory attorneys general and their staff, NAAG provides collaboration, insight, and expertise to empower and champion America's attorneys general.
Learn More

© 2021 Copyright National Association of Attorneys General

Website by Yoko Co

Scroll To Top
To provide you more clarity about how we collect, store and use personal information, and your rights to control that information, we have updated our privacy policy, which also explains how we use cookies. You consent to our cookies if you continue to use our website.I Agree