What is Qualified Immunity?
“Qualified immunity” is a term that many people often mistake as an immediate pass for police officers and other federal agents after abuse of power and similar incidents. While qualified immunity is an established legal doctrine, this does not mean injured civilians can’t seek justice in the face of excessive force and other brutalities.
Learn more about what qualified immunity is, when it doesn’t apply, and why police brutality lawyers in California from BD&J continue to fight for all citizens. If you or a loved one were the victim of excessive force, sexual misconduct, lethal use of force, and other abuse from a police officer, you’re not alone.
Key Takeaways
- Qualified immunity is a legal doctrine that protects state and local government officials, including police officers and federal agents, from being sued if they allege the actions taken are part of their job duties.
- Many police officers and other agents have used qualified immunity in the past to avoid accountability, especially due to the specifics of contesting this legal doctrine.
- Qualified immunity can be challenged.
- Working with police brutality lawyers in California can help residents hold peace officers and other officials responsible for civil rights violations.
Police Misconduct Data
How typical are cases of police misconduct in California? In the state, and throughout the country, there have been many incidents of police officers, federal agents, and other government officials abusing their power, resulting in the injuries of innocent civilians.
Consider this data:
- About 80 law enforcement officers are arrested annually in California, mostly for assault (Public Policy Institute of California)
- From 2023 to now, the California Commission on Peace Officer Standards and Training agency has received over 45,850 allegations of serious peace officer misconduct (POST)
- More than 13,000 civilian complaints were reported by California law enforcement agencies in 2024 due to racial or identity profiling (Racial and Identity Profiling Advisory Board)
- Police officers reported higher rates of use of force on stopped individuals who had limited or no English fluency (RIPA)
What is Qualified Immunity?
Qualified immunity is a legal doctrine with origins in the late 1800s that works to protect public officials from liability if it’s determined the actions they committed were within the scope of their job duties.
While some people argue this doctrine is used to protect the function of jobs for police officers, social workers, teachers, and other government officials, it’s also argued that qualified immunity can ultimately protect agents and other officials who commit acts of abuse behind a job title. However, qualified immunity can be challenged.
How to Challenge Qualified Immunity
Lawsuits challenging qualified immunity have been successful, often done on a foundation of civil rights violations. When challenged, qualified immunity cannot be applied to a case if:
- The officials violate established laws (there must have been a similar case in the past where the same acts were deemed unconstitutional)
- The liable party commits clearly established civil rights violations, such as violating the fourth amendment which protects against unreasonable searches and seizures, violating the right to due process, or other rights as established in the Constitution
- The liable party commits the acts with malicious intent, knowing that their acts are violating civil rights
When Can a Police Officer Be Sued?
Acts from a peace officer or other government officials that violate established constitutional rights should not go unpunished. Fortunately, a civil lawsuit can be presented to hold liable parties accountable for financial compensation.
Under U.S. Code § 1983, anyone who resides in the country can sue government officials for the deprivation or violation of rights. In California, the Bane Act allows California residents to pursue a civil action suit if their rights are interfered with through threats, coercion, or intimidation.
Police misconduct should not be the norm and working with an attorney is key to sharing your story for possible compensation. If you or a loved one suffered incidents of police brutality such as:
- Reckless or inappropriate use of handcuffs or restraints
- Being shot at without reasonable cause
- Being struck while complying with an officer’s orders
- Being struck by a police car
- Being placed in unnecessary or excessive chokeholds
- Excessive tasering or spraying
- Being denied water, food, and other basic living necessities while detained
- Being placed in carotid restraints, which restrict blood flow to the brain to cause temporary unconsciousness
- Sexual assault or harassment
- And more
You do not have to go through a legal battle for justice alone. Speak with a police brutality injury attorney from BD&J today to learn more.
Frequently Asked Questions
Does a lawsuit for police brutality really bring any change?
Absolutely. A lawsuit for incidents of police brutality highlights a problem that many people have heard of, which is minimizing abuses of power by police officers while on the job.
Through a lawsuit, not only are police officers held accountable, but also the police departments that employ them and neglect to correct these incidents of brutality.
How Long Do I Have to Present a Lawsuit?
Since this is a lawsuit against a government agency, injured Californians have 6 months from the date of the injury to present a claim.
What if My Loved One Died After an Incident of Excessive Force?
We are so sorry to hear about the loss of your loved one. Speaking with a police brutality and wrongful death attorney from BD&J can help you learn about filing a claim to hold those involved responsible.
Can I Record During an Interaction with the Police?
Civilians are allowed to record police, federal agents, and other government officials performing their job duties under the First Amendment (Freedom of Press). So long as you are not interrupting their investigations or are under arrest.
If you’re not under arrest, a police officer can’t confiscate your phone or recording device or view its contents without a warrant.
What Evidence Can I Use in My Police Brutality Lawsuit?
Some of the evidence you can use in your police brutality lawsuit includes the bodycam footage of the officer, medical records of your injuries, any photos or videos of the incident, and witness testimony from any bystanders. In August 2025, over a million police records for misconduct were made accessible through the Police Records Access Project, which can also be used to look up past violent incidents for repeat offenses by officers.
What if My Injuries Were Caused by an ICE Agent?
Whether on a state or federal level, government officials and their departments should still be held accountable for civil violations. Learn more about filing a claim against an ICE agent, and how a ICE injury attorney can help your case.
Why Should I Work with the Attorneys at BD&J for My Excessive Force Claim?
BD&J has been working with Californians for more than 20 years to hold police officers and other government officials responsible for injuries through civil rights violations. Our attorneys are compassionate humanitarians who don’t turn their backs to any case or are intimidated by state agencies and their legal teams.
Do I Have to Pay Upfront to Work with BD&J?
Not at all. At BD&J, our attorneys work under a contingency fee basis, which means that all case costs are advanced to clients.
Final attorney fees are deducted from the compensation amount after a case settles. This means no financial strain for you, and no fees until we win your case*.
How To Find a Police Brutality Lawyer in California
Are you ready to file a claim for police brutality and seek justice? Find a police brutality lawyer in California by following these steps:
- Talk to friends and family for recommendations. – Word of mouth is always a great way to learn about new law firms, and you will have the reassurance that a friend or family member has worked with them in the past.
- Browse law firm websites and client reviews. – Reading client testimonials is a great way to learn about the operations of a law firm and also understand how attorneys may have handled a case similar to yours.
- Book your consultation with an attorney as soon as possible. – Any law firm with experience and a desire to fight for clients will offer a free consultation, so book yours to connect with an attorney and get expert legal advice on your potential claim.
California Police Brutality Lawyers Not Intimidated by Agencies or Aggressive Legal Teams
Police misconduct happens more often than you think, and if you’ve been the victim of violence or brutality at the hands of a police officer meant to protect and serve, it’s not too late to pursue accountability.
Call the BD&J team 24/7 to book your free initial consultation with an excessive force attorney from a California law firm that cares. We’ve recovered more than $2 billion* in compensation for injured clients, and we’re ready to fight for you.
Complete our form or call 855-906-3699 to connect with a BD&J attorney today!