Under what circumstance will an officer not qualify for qualified immunity?

An officer will not qualify for qualified immunity if they violated an established constitutional right. Qualified immunity is designed to protect government officials, including law enforcement officers, from liability for civil damages as long as their conduct does not violate a clearly established statutory or constitutional right that a reasonable person would have known. Thus, if an officer's actions breach a known constitutional right, they cannot claim qualified immunity as a defense, since the violation of an established right indicates a failure to act in accordance with the law.

Understanding qualified immunity is crucial because it balances the need to hold public officials accountable for their misconduct with the need to protect them from the burden of litigation when their actions are consistent with established law. If a right has been clearly defined by precedent and the officer's actions contravene that right, it is clear that qualified immunity is not available.