> Qualified immunity isn’t a get-out-of-jail-free card.
No, its a get-out-of-civil-liability-free card.
> It is released, for example, when a government official breaks clearly established law.
No, its not. As well as meeting the extremely narrow standard established for violating “clearly established law” and act must also fail to meet the extremely broad standard established for being an “objectively reasonable action”; otherwise, even if it violates a clearly established legal right, it remains protected by QI.
While some protection loosely similar to QI may make sense, the actual rules around QI, both at the high level and in the details of how the high-level rules are applied, are particularly bad, especially, in practice, in the case of law enforcement officials, who practice within the law enforcement community puts at greatly reduced likelihood of being held criminally accountable for violations of rights than non-law-enforcement government agents.
You seem to have confused a true statement (qualified immunity is about torts, not crimes) with a false one (if there was a crime, then there can't be any qualified immunity claim in a corresponding civil case).
No, its a get-out-of-civil-liability-free card.
> It is released, for example, when a government official breaks clearly established law.
No, its not. As well as meeting the extremely narrow standard established for violating “clearly established law” and act must also fail to meet the extremely broad standard established for being an “objectively reasonable action”; otherwise, even if it violates a clearly established legal right, it remains protected by QI.
While some protection loosely similar to QI may make sense, the actual rules around QI, both at the high level and in the details of how the high-level rules are applied, are particularly bad, especially, in practice, in the case of law enforcement officials, who practice within the law enforcement community puts at greatly reduced likelihood of being held criminally accountable for violations of rights than non-law-enforcement government agents.