Qualified Immunity Claim Calculator 2026
Qualified immunity protects government officials from Section 1983 liability unless plaintiff proves (1) constitutional violation, and (2) the right was clearly established at the time. This tool scores claim viability across both prongs.
Two-Prong Qualified Immunity Test
Plaintiff must prove BOTH: (1) Government official violated a constitutional right. (2) That right was 'clearly established' by precedent at the time, with materially similar facts. Pearson v. Callahan (2009) allows courts to skip Prong 1 and decide on Prong 2 alone — and Prong 2 is where most cases fail.
What 'Clearly Established' Means
Supreme Court (Mullenix v. Luna, 2015) requires precedent so closely analogous that 'every reasonable officer would understand' the conduct was illegal. General constitutional principles are insufficient — plaintiff must point to a prior case with substantially similar facts. This standard is increasingly criticized as too strict.
Circuit Variation
Circuits differ sharply: 9th Circuit (CA, AZ, WA, OR) is most plaintiff-favorable. 5th (TX, LA, MS) and 11th (FL, GA, AL) are most defendant-favorable. 2nd (NY, CT) is balanced. Same fact pattern can win in 9th and lose in 5th. Forum selection matters greatly.
Source: Harlow v. Fitzgerald (1982), Pearson v. Callahan (2009), Mullenix v. Luna (2015). Last updated: May 2026.