While it is well understood that governmental bodies enjoy sovereign immunity, meaning they cannot be sued without their consent, there is more confusion when it comes to qualified immunity for police officers.

The most common misconception regarding “Qualified Immunity” is that it prevents a law enforcement officer from being fired, sued and/or criminally charged and convicted for an action which transpired during the course and scope of their duties. This is false.

Qualified immunity has nothing to do with the criminal investigation and prosecution of law enforcement officers, nor does it have any impact on disciplinary actions taken against officers. An officer who has engaged in misconduct can be terminated from their employment and be criminally prosecuted if they violated state law.