Can You Sue the Police? Understanding Qualified Immunity

Posted by Jerry L. Steering, Esq. on

Qualified immunity is one of the biggest obstacles victims face when seeking justice for police misconduct. This legal doctrine shields officers from lawsuits unless they violate “clearly established” constitutional rights—a vague standard that has allowed many abuses to go unpunished. However, recent legal challenges and reforms have begun to limit its reach, creating new opportunities for accountability. 

At Steering Law, we specialize in overcoming qualified immunity defenses in police misconduct cases. If you believe your rights were violated, schedule a free case evaluation with our team to explore your legal options. 

What Is Qualified Immunity? 

Qualified immunity protects government officials, including police officers, from being sued unless their actions violate a constitutional right that was “clearly established” in prior court rulings. This means: 

  • Even if an officer’s conduct was unethical or harmful, they may avoid liability if no nearly identical case already exists. 
  • Courts often dismiss lawsuits early, preventing victims from getting a jury trial. 
  • Police departments frequently use this defense to avoid accountability for excessive force, wrongful arrests, and other abuses. 

For example, in a 2020 Ninth Circuit case, officers received qualified immunity after shooting a man who was crawling on the ground with his hands up—because no prior case had addressed that exact scenario. Such rulings have allowed systemic injustices to persist. 

Recent Challenges to Qualified Immunity 

While qualified immunity remains a significant barrier, legal developments have created cracks in its armor: 

 1. State-Level Reforms 

Some states have taken action to limit immunity: 

  • California’s AB 931 (2021) made it easier to sue officers for excessive force by lowering the legal standard. 
  • Colorado’s police reform bill (2020) eliminated qualified immunity entirely for state claims. 

These changes show growing recognition that the doctrine often prevents justice. 

 2. Supreme Court Signals 

Though the Supreme Court has upheld qualified immunity, some justices have expressed doubts. In 2022’s Tanzin v. Tanvir, Justice Clarence Thomas criticized the doctrine as “unmoored from text and history.” Such statements suggest future challenges could succeed. 

 3. Public Pressure & Landmark Cases 

High-profile police killings, like George Floyd’s murder in 2020, have fueled demands for reform. While federal legislation to end qualified immunity stalled, cities like Los Angeles and San Francisco have faced increased scrutiny over officers evading consequences due to immunity claims. 

How Steering Law Fights Qualified Immunity in Police Misconduct Cases 

Despite these challenges, qualified immunity remains a formidable defense. That’s why having an experienced legal team is critical. At Steering Law, we: 

  • Identify “clearly established” rights violations by researching precedents that match your case. 
  • Argue for exceptions when officers act with obvious malice or recklessness. 
  • Use bodycam footage, witness testimony, and expert analysis to prove misconduct. 

Our track record includes overcoming immunity defenses to secure justice, such as: 

  • A $1,000,000 settlement for a client subjected to excessive force during an unlawful arrest. 
  • A $450,000 recovery in a case where officers conducted an illegal search. 

We know how to build strong arguments that challenge immunity claims—giving victims a real chance at justice. 

What to Do If You’ve Been a Victim of Police Misconduct 

If you believe officers violated your rights, take these steps: 

  1. Document everything – Get officers’ names, badge numbers, and witness contact info. 
  2. Preserve evidence – Save bodycam footage requests, medical records, and photos of injuries. 
  3. Act quickly – Statutes of limitations restrict how long you have to file a claim. 

Most importantly, consult a lawyer immediately. The sooner we can investigate, the better our chances of defeating qualified immunity. 

Schedule a Free Case Evaluation with Steering Law 

Qualified immunity makes police misconduct cases difficult—but not impossible. With the right legal strategy, victims can still hold officers accountable. 

At Steering Law, we offer: 

✅ Free, confidential consultations to review your case. 

✅ No fees unless we win – You pay nothing upfront. 

✅ Aggressive advocacy to challenge immunity claims. 

Don’t let qualified immunity stop you from seeking justice. Contact us today at [https://steeringlaw.com/](https://steeringlaw.com/) to schedule your free case evaluation. 

Key Takeaways: 

  • Qualified immunity often blocks victims from suing police, even for clear abuses. 
  • State reforms and legal challenges are slowly weakening the doctrine. 
  • Steering Law has successfully overcome immunity defenses in past cases.  – Act fast—evidence disappears quickly. Schedule a free consultation today.