What is Qualified Immunity?

This video introduces qualified immunity. Qualified immunity shields government officials, including police officers, from civil liability for their actions in the course of performing their work. While the immunity is not absolute, officials are generally exempt from liability except in extreme cases such as where they act incompetently or intentionally. If officials act improperly as a result of a reasonable mistake of law or fact, they will still be shielded from liability.

[MsterNut]

This is the same as going 45 in a 30 because you thought the speed limit was still 45, and not being allowed to be ticketed for speeding.

[gweiloxiu]

If doctors can be held liable for making a mistake that adversely affects a persons life, why are cops not held liable for doing the same? Cops are already quitting in droves because they know there is a lot about their profession that just isn't right, and if the end of qualified immunity means most cops quit, than we have to take whatever bad side effects come with that, as we, as a society, really try to figure out what we want the police to be in this country. Law and order are critically important things, but individual freedom is more important than that. If individual freedom is not something that emerges from law and order, than we really need to think about how we define those terms, what they actually mean, and what we are going to do about it.

[JunkBondTrader]

sounds good on paper and makes sense when everyone is acting how they should. Problem is, cops often DO intentionally violate the law, and sometimes qualified immunity is _still_ used. Good explanation though in any case. Which is why several states are in the process of removing this law.

[WallStreetVikings]

So in this example, even though the officer is personally exempt from liability, would the plaintiff still receive compensation from The State?

[rodvan-zeller]

Thank you for the informative video.
How about a video explaining why qualified immunity was created and why no other country has it?

[alexandrostheodorou]

Thanks for this animated video. It’s a great clean example that illustrates this example.

Where does the guy, who get arrested falsely get compensated? Quite a few rights, were violated. We can’t be such a system where we go “Ops sorry for being incarcerated falsely, being put in a dangerous situation. Enjoy your freedom.”

[jordanking]

I won two settlements from two different police agencies recently (one in the Bay Area, CA, second in Los Angeles) and it goes a little further than split second decision. When police are being sued in Federal and they submit a 12 (b) (6) Motion to dismiss, it's one of the early remedies to have the lawsuit tossed. When the Plaintiff gets past the Motion to dismiss, a settlement conference can be a remedy. The main issue that. In my case being unlawfully detained for protesting across the street from a women's jail in Los Angeles, their was a an alleged sniper incident in that County two days earlier, the alleged gunman was still active, about six days later, it was a hoax. A police officer acts under the color of authority and in court, they judge the mindset of the police officer. In my two cases being unlawfully detained, they raise Qualified Immunity that the officer at the time reasonably believed their actions were justified based on unusual circumstances.

There is a recent incident in Inglewood, CA where a Copwatcher filming a SWAT unit at a call in a neighborhood. The Copwatcher along with other cameramen record the police. 148.G of the California penal code says you can record public officials in their full capacity as long as you're in public (some states you can't do that). An Inglewood police officer walks to one of the cameramen and says they damaged his unmarked unit. The cameraman was arrested for Felony vandalism and still till this day has expensive court cost. Now if he sues the officer, the city of Inglewood going to raise Qualified Immunity because the circumstances that a SWAT unit was at a call and some attention was put on the cameramen. One thing I find I find out common that a camera is a threat to police officers and lawsuits for unlawfully detainment cases are new. In California, we have the Tom Bane Act that protects people from threats and intimidation from just recording, but police use every remedy in Federal Court because they're being sued.

One argument that was raised if a cop wasn't given Qualified Immunity (which happened in a Use of force incident from a State Trooper), the police officer will have to endure the legal cost without assistance from the state (hiring private lawyers, paying legal cost, putting a burden on their family because an incident).

[IronBallsMcNeese]

Would Pete's action be a failed Bivens action?

[zerowastecalifornia]

Thank you so much. Your videos are so helpful and are really easing my summer-before-1L fears

[martahernandez]

Thanks for very interesting information I'm learn a lot.

[blackened]

I’m an electrician. If we had qualified immunity we wouldn’t be held responsible if a house/building burns down because of an electrical fire if we made an honest mistake wiring. I would imagine some guys would really start slacking if they knew that they wouldn’t be held responsible if they just had to claim it was an honest mistake.

If you enforce the law you should be held to a hire standard of the law. This includes judges, lawyers, and politicians too.

[praymojo]

It’s definitely not absolute immunity or Lethal Weapon style “diplomatic immunity”. It doesn’t protect cops from CRIMINAL charges, it protects them to some degree from CIVIL lawsuits when the officer has acted in good faith (With the judge or jury believing the officer acted properly and responsibly with information that was available at the time). So yes even with qualified immunity you can criminally charge coppers and even successfully file and win a lawsuit. The qualified immunity law was put in place to protect policemen from frivolous lawsuits that would otherwise make their job impossible. It’s the only job you can take a life, lose your life, lose your freedom or lose all your possessions just by making a mistake. Take away the qualified immunity and coppers would need expensive insurance policies similar to what doctors have to protect themselves against lawsuits.

[cinquebleuu]

If cops unreasonable make a mistake [negligence] causing social, and physical, harm should be accountable. There is no excuse for abuse of law.

[JustRed]

Whoops, I bumbed into a cop and was arrested for assault, and lost my job, reputation, home, pretty much everything. Oh? A cop just broke ur arm in a unlawful arrest? Well that cop didn't mean to so he gets ZERO punishment.🥰

[annamichellerider]

So 2 weeks ago My best friend's case got thrown out of federal. Her brother was murdered by Fresno PD fresno sheriff's department and and American ambulance.. If you search YouTube - Joseph perez Fresno You can see it for yourself from the police cam, how they sat on his back for 15 minutes, Joseph struggled to breathe, he said he could not breathe yet they instructed instructed one of the entities to sit on his back. When they asked Joseph if he was OK and he didn't respond they did nothing they still continued to restrain him and for 15 minutes he was limp and still they did nothing too Help him breathe. The corner declared death by homicide. Yet the federal court had just thrown it out due to qualified immunity.. Is this right?? We are at a loss to figure out a way to find Justice and any advice would help.

[poeticmyth]

Who ever gave them this power is the dumbest person on earth

[waxworse]

But don't officers have to follow a citizen engagement or pre-arrest protocol? This explains why police receive an automatic "paid leave". Now it makes sense why they find no fault during their in department investigation.

[tonytackett]

What is an honest or reasonable mistake becomes the case.

[JIBMONEY]

End qualified immunity on all public officials.

[chywabby]

Thankyou so much! I'm from indonesia, your channel is so useful❤