Qualified immunity protects the officer from personal liability and may allow damages to be paid by the agency up to a cap.

• A. True
• B. False
• C. The cap applies to the agency's liability, not the officer
• D. Only in state court

Answer: (A)

Qualified immunity shields a sworn officer from personal civil liability when the officer is acting within the scope of official duties and did not violate clearly established constitutional or statutory rights. In those situations, a plaintiff can sue the agency, but the damages are typically paid by the agency (from its funds or insurance), often subject to statutory caps. That’s why this statement is true: the officer isn’t personally responsible for damages, and the agency may pay up to a cap. It’s also worth noting that qualified immunity is a federal defense in civil rights cases, not something limited to state court. If the officer’s conduct clearly violated established rights or fell outside the scope of employment, immunity may not apply.