What is a requirement for qualified immunity to be applicable?

Qualified immunity protects government officials, including correctional and probation officers, from personal liability for civil rights violations under Section 1983, provided that the officials did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. For qualified immunity to apply, it must be demonstrated that the law allegedly violated was clearly established at the time of the incident. This means there needs to be precedent or a case law that effectively communicates what the law is and its implications, enabling the officials to recognize the illegality of their actions based on existing legal standards.

In the context of law enforcement and corrections, this defense is crucial in balancing the need to hold officers accountable for misconduct while also shielding them from frivolous lawsuits that could arise from actions taken in good faith under the pressures of their duties. It is essential for officers to understand what constitutes a clearly established right, as this directly impacts their interactions with individuals in their custody or supervision.