End "Qualified Immunity"

What Is Qualified Immunity?

Qualified immunity is a legal doctrine created by the courts, not by the Constitution, not by Congress, and not by any vote of the people. It shields government officials, especially law enforcement, from being held personally liable in civil court, even when they violate your constitutional rights.

It does this by demanding one impossible standard from the victim:

You must prove that the government official violated “clearly established law”, meaning you must find a previous court case with almost identical facts where a court already ruled it was unconstitutional.
 

No case? No precedent?

Then no justice, no matter how outrageous the violation.

Here’s what this doctrine allows:

• A cop can slam an innocent person’s face into concrete during a mistaken stop, and still walk free, if no prior case with that exact detail exists.
   
• An officer can steal property while on duty and claim immunity if no court has ruled on an identical theft.
   
• A SWAT team can raid the wrong house, shoot your dog, terrorize your kids and still be protected if no identical ruling exists saying they couldn’t.
   

This isn’t justice.

This is the legal system building a bulletproof shield around public servants, at your expense.

The doctrine was created in 1967 by the Supreme Court in Pierson v. Ray, then radically expanded in 1982 in Harlow v. Fitzgerald.

 It was designed to protect officers from lawsuits when acting in “good faith.”

But over time, “good faith” became “absolute protection,” even when:

• The officer’s actions were reckless
   
• The victim was entirely innocent
   
• The constitutional violation was obvious to anyone with a conscience
   

Qualified immunity does not appear in the Constitution.

It is not required by statute.

It is a court-created barrier to justice and it has become a tool of systemic abuse.

Imagine your rights were violated: illegal search, excessive force, false arrest. You sue. You have proof. And the court tells you:

“Sorry. Unless someone else had the same thing happen in the exact same way, you lose.” 

That is the real-world insanity of qualified immunity.

Qualified immunity has allowed repeat offenders to continue working. Some rack up dozens of complaints, yet face no consequences because every new offense isn’t “clearly established” by precedent.

It allows the worst officers to operate with no fear of civil liability.

Knowing they’re protected, officers are more likely to escalate, intimidate, retaliate, and use force, because the legal system has created zero personal risk.

And if you film them, question them, or dare to stand your ground?
You become a target. And the doctrine protects the ones doing the targeting.

• A police officer shot a 10-year-old boy while trying to shoot a dog. The court granted immunity because there was no case law clearly stating that shooting a child in this way was unconstitutional.
   
• Officers stole $225,000 during a search warrant execution. The court granted immunity, because no previous case said cops stealing during a search was clearly unconstitutional.
   
• An officer body-slammed a woman to the ground after she walked away from a conversation. No case law said that was illegal. Qualified immunity applied.
   

If this sounds insane, it’s because it is.

We do not “debate” qualified immunity.
We do not “reform” it.
We reject it.

• Qualified immunity is a judicial betrayal of the Constitution.
   
• It rewards misconduct and erodes public trust.
   
• It treats civilians as second-class citizens and elevates the badge above the law.
   
• It protects the worst actors at the expense of victims, justice, and truth.
   

We are not anti-police.

We are anti-unaccountable authority.

And qualified immunity is the single biggest obstacle to public accountability in the modern legal system.

1. Abolish the doctrine outright.
   Not “reform.” Not “adjust.” Eliminate it.
    
2. Pass state-level laws removing the defense.
   New Jersey can lead where the federal courts have failed.
    
3. Empower juries to decide if rights were violated, not judges using obscure precedent loopholes.
    
4. Make accountability personal.
   Officers who violate rights should face real, individual consequences, just like any civilian would.
    

• Support legislation in NJ that seeks to eliminate qualified immunity as a defense in civil rights cases.
   
• Call your legislators and demand they co-sponsor bills to restore true accountability.
   
• Spread awareness. Share the cases. Name the victims. Show the abuse.
   
• Support lawsuits that challenge qualified immunity, both as precedent and principle.
   
• Never let the phrase go unchallenged. When you hear “qualified immunity,” remind them:

 “That means your rights don’t matter.”

 

Qualified immunity is an insult to every oath, every victim, every principle of justice this nation claims to stand on.

It is not constitutional.
It is not moral.
It is not acceptable.

And it will not stand forever, not while we’re watching, filming, filing, and fighting.

NJ Accountability demands its end. Without compromise. Without delay. Without apology.