What Is Qualified Immunity?

Public officials such as government employees and law enforcement officers have specific protections when it comes to liability for personal injury accidents. They enjoy “qualified immunity” from lawsuits, which shields them from civil liability unless they violate an individual’s statutory or constitutional rights. Qualified immunity in Texas makes it more difficult to hold a public official liable for an accident, but it is not impossible. With an attorney’s help, a public official may still have to pay for a victim’s damages.

Who Has Qualified Immunity?

In Texas, qualified immunity protects state or federal employees who were performing job-related tasks at the time of the incident. Civil servants such as police officers, firefighters, politicians, members of the armed forces, security agents, and government officials all fall under the blanket of qualified immunity. However, judges, prosecutors, legislators, and some others do not receive qualified immunity. The goal of qualified immunity is to allow officials to perform their jobs without fear of individuals suing them.

If a party works for the state or federal government, odds are qualified immunity will come into play. Note that the defendant must also have been on the job at the time of the incident. An individual may only receive qualified immunity of he or she was within the job capacity at the time. An off-duty police officer who causes a car accident, for example, may not have immunity under this doctrine. The officer must have been performing his/her job to receive qualified immunity. Talk to an attorney to find out if the individual or entity you plan to sue falls under the protection of qualified immunity.

Were the Defendant’s Actions Reasonable?

Qualified immunity does not always protect public officials from lawsuits. There are circumstances that act as exceptions to the qualified immunity rule. If the employee violated an individual’s clearly established federal constitutional or statutory rights in the incident in question, he or she will not receive qualified immunity. A clearly established law must outline the plaintiff’s rights, and the defendant must have violated this right. In these cases, qualified immunity will not bar the victim from recovery.

Using the qualified immunity defense relies on the reasonableness of the defendant’s actions in relation to the plaintiff’s injuries. The courts will ask if a reasonable and prudent party in the defendant’s position would have known that his/her actions or inactions violated a clearly established right. If the answer is no, the defendant will receive qualified immunity. The defendant must have knowingly (or negligently) violated the victim’s rights to face liability for damages.

Will Qualified Immunity Affect Your Case?

Speak to a lawyer to find out if your personal injury claim will invoke qualified immunity. If so, the party that allegedly caused your harms may avoid going through a trial and paying for your damages. It can be difficult to prove that a government official should not receive qualified immunity in a specific case scenario. An attorney can help you understand whether this element will affect your claim and your options for recovery with or without immunity. The courts must solve qualified immunity issues as early as possible in a case to prevent unnecessary fees and delays.