U.S. Supreme Court,
Criminal,
Constitutional Law
Jun. 3, 2020
When qualified immunity offends common sense
Although the qualified immunity doctrine properly protects government officials for innocent mistakes, the doctrine is easily perverted in a way that offends common sense.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
Since 1871, federal law gives a citizen the right to sue a government official who, while acting "under color of state law," violates the citizen's constitutional or federal statutory rights. 42 U.S.C. Section 1983. In Pierson v. Ray, 386 U.S. 547 (1967), the U.S. Supreme Court recognized that a government official, such as a police officer, who commits a violation of federal law is entitled to qualified immunity from civil liability provid...
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