Immunity Both Absolute and Qualified

Immunity

Both absolute and qualified immunity refer to state and court officials, and members of the public directly involved as witnesses in a hearing. Absolute immunity is immunity from lawsuits, while qualified immunity refers only to an immunity from liability. As such, absolute immunity provides greater shielding than only qualified immunity, while the latter may involve a large amount of time before the immunity can be determined. Absolute immunity for example means that the official is free not only from suit, but also from pretrial matters such as discovery, along with the time and expense that these entail. Absolute immunity does however require a motion to dismiss.

For qualified immunity, the time and expense of litigation are not precluded. Unlike absolute immunity, it is therefore required that a case under qualified immunity may need to proceed to summary judgment and even trial in some cases, in order to establish immunity. Issues taken into account in such a case include the state of mind at the time of the action, whether the action was ministerial or discretionary, and the reasonableness of the action.

Official immunity is more specific than qualified or absolute immunity. This refers to what is known as common law torts, including inflicting emotional distress, defamation of character and invasion of privacy. Federal government officials are protected from prosecution for such crimes by official immunity.