Police officers should protect the peace and help uphold the law. Occasionally, law enforcement professionals fail to uphold their responsibilities to the community. They may act in ways that endanger the very people they should protect and serve.
Individuals harmed by the questionable conduct of police officers due to the use of excessive force can sometimes seek compensation for what they experienced by taking legal action. They can file a lawsuit against the officer who injured them. In such cases, police officers may respond to the pending litigation with a claim of qualified immunity. Those who experienced police officer misconduct need to understand qualified immunity to effectively pursue justice.
What is qualified immunity?
Qualified immunity is essentially legal protection from claims of misconduct while acting as a state employee. It applies to police officers and other public officials acting in a professional context. They can avoid legal and financial liability for their professional conduct. Under qualified immunity rules, law enforcement professionals facing lawsuits can ask the courts to dismiss a lawsuit brought against them for misconduct or mistakes made while on the job. Qualified immunity stems from prior court cases, not explicit federal statutes.
When does qualified immunity apply?
Qualified immunity protects police officers from claims that they harmed people during the appropriate completion of job responsibilities. If a person with a valid arrest warrant brandishes a weapon or refuses to comply with officers, those officers may then use physical force to subdue that person and take them into police custody.
The use of force is theoretically lawful because the goal is to protect both the officers and the general public.
Qualified immunity may not apply in scenarios where police officers violate the rights of an individual. If police officer actions violate clearly established legal or Constitutional rights, then the affected party can ask the courts to allow them to take legal action against the officers.
Those who believe that they have experienced police officer misconduct can potentially seek compensation for their lost wages and medical expenses. Even if the officer attempts to claim qualified immunity, an attorney could help convince the courts that this protection does not apply, given the details of the situation.
Reviewing the conduct of a police officer that may have constituted excessive force or police brutality with a skilled legal team can help injured parties understand their options. If qualified immunity does not apply, those injured by law enforcement professionals may have grounds to take legal action.