What is qualified immunity for police officers and government officials, and why is it controversial?
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Explanation
Qualified immunity was created by the Supreme Court in Harlow v. Fitzgerald (1982) and refined in subsequent cases. It protects government officials performing discretionary functions from civil damages liability unless they violated 'clearly established' law that a reasonable person would have known. Critics argue the 'clearly established' standard has become nearly impossible to meet because courts require a prior case with nearly identical facts to find the right was clearly established, creating a circular logic where new violations can never be clearly established. The doctrine is entirely judge-made, not enacted by Congress. Multiple states including Colorado, New Mexico, and New York City have eliminated or limited qualified immunity at the state or local level.