Qualified Immunity

Question 1

3 step process?

Answer 1

1. Is QI applicable to D?
2. What is the violation?
3. Was the law “clearly established” so that a reasonable officer would know that such conduct constituted a violation?

Question 2

Step 1: Is QI applicable to D?

Answer 2

1. Generally applicable to public officials (including temporary govt. employees)
2. Generally not applicable to private D, agencies or municipalities
3. Look at history and policy - need for protection to avoid unwarranted timidity/hesitation?

Question 3

Step 2: What is the violation?

Answer 3

Importance of defining the violation - broad or narrow?

Question 4

Was law clearly established?

Answer 4

Clearly established = “contours of right must be sufficiently clear so that a reasonable official would understand that what he is doing violates that right” (sufficient enough to give fair notice to D that the law is in fact the law)

Does not need to be on “all fours” - look at factors like weight of decision, circuit split, time, stability of law

Some violations can be clear from statute or constitution itself

Question 5

Interlocutory Appeals

Answer 5

D can make interlocutory appeal if decided on question of law, not question of fact (MTD, MSJ decided as matter of law- whether fact is “material”)