Project on Immunity and Accountability
Our mission is to ensure that every right guaranteed by the Constitution has a remedy in an American court.
IJ’s Project on Immunity and Accountability leads the nation in challenging and removing immunities and other legal barriers that stand in the way of individuals trying to hold government officials accountable for constitutional violations. Our attorneys are experts in litigating—and winning—cases that otherwise seem unwinnable because of these barriers.
We do this in state and federal courts across the country, including the United States Supreme Court, and at all stages of litigation—from building and bringing our own cases, to taking over appeals, to filing petitions for certiorari.
Litigation
The Project on Immunity and Accountability is the only public-interest project focused exclusively on clearing immunity doctrines and other barriers to accountability.
IJ attorneys are nationally recognized experts in handling cases that involve immunity and accountability issues, such as:
The project formally launched in January 2019. Since then, we have argued three cases in the U.S. Supreme Court, Brownback v. King, Devillier v. Texas, and Gonzalez v. Trevino, with more on the horizon.
We are currently litigating dozens of cases across the United States:
We Tell Our Clients’ Stories at the Supreme Court.
City officials in Castle Hills, Texas, jailed then-councilwoman Sylvia Gonzalez after she criticized them—and when she sued, the officials claimed qualified immunity.
Gonzalez v. Trevino was argued at the United States Supreme Court on March 20th, 2024. On June 20th, 2024 the Supreme Court ruled in favor of Sylvia.
Our Supreme Court Cases
Immunity and Accountability | Private Property
DeVillier v. Texas
Supreme Court Argument Victory! On April 16th, the Supreme Court vacated the Fifth Circuit decision and ruled the Devillier family can sue Texas for flooding caused by the state. Resources Brief for Petitioners…
First Amendment | First Amendment Retaliation | Immunity and Accountability
Gonzalez v. Trevino
After she won her election to city council, Sylvia Gonzalez immediately began getting harassed by city officials whom she had criticized in the past. It got so bad she was even arrested and thrown in…
Immunity and Accountability | Private Property
King v. Brownback
Brownback v. King is IJ’s first Immunity and Accountability case that was argued before the United States Supreme Court. It involves James King, an innocent college student who was brutally beaten and choked unconscious by…
We Win “Unwinnable” Cases.
Rosales v. Bradshaw
Mario Rosales was held at gunpoint by an off-duty sheriff’s deputy even though he had done nothing wrong. Still, a court granted the officer qualified immunity and dismissed Mario’s civil rights lawsuit.
Bailey v. Iles
Waylon Bailey was arrested after making a joke about his local sheriff’s office. His First Amendment lawsuit was dismissed after the deputies were granted qualified immunity.
Gibson v. Goldston
The Institute for Justice (IJ) teamed up with a West Virginia man whose rights were violated by a Raleigh County family court judge. IJ and Matthew Gibson are urging the 4th U.S. Circuit Court of Appeals to uphold a lower court’s ruling that Judge Louise Goldston was not entitled to judicial immunity after she abruptly halted a court hearing, ordered everyone present to go to Matthew’s house, searched through his belongings without a warrant, and threatened to arrest him when he began recording the encounter.
amicus briefs
We guide courts with amicus briefs, and they take notice.
Education
Research & Studies
Immunity and Accountability
Unaccountable
The largest ever study of qualified immunity cases, Unaccountable finds the doctrine shields a wider array of officials and conduct than commonly thought while unacceptably burdening victims of government abuse and failing at its goals.
Immunity and Accountability
Constitutional GPA
Constitutional rights only exist if they can be enforced. But a confusing patchwork of immunity doctrines and special rules often means they cannot be. Chief among the doctrines that prevent constitutional accountability is qualified immunity,…
Media
Bound by Oath Season 2
Join our team as we look at the history of why it’s so difficult to hold government officials accountable when they violate the Constitution.
Intelligence Squared debate: Liptak, Bidwell, Malcolm
Listen to PIA co-director Anya Bidwell debate the importance of abolishing qualified immunity.
Americans Against Qualified Immunity
We are a grassroots movement of Americans from all walks of life working to ensure that if we must follow the law, then government workers must follow the Constitution.
Legislation
Immunity and Accountability
Protecting Everyone’s Constitutional Rights Act–(Q.I. Reform)
This model bill guarantees that if citizens must follow the law, state and local government officials must follow the Constitution.
Immunity and Accountability
State Court Remedies for Constitutional Violations by Federal Employees Act
State legislators’ most important responsibility is to protect rights under the laws and constitutions of the United States and their states. This responsibility includes providing a remedy of damages against government officials who violate those…
Frequently Asked Questions About Ending Qualified Immunity
What is Qualified Immunity? How Does It Work? Read the Most Frequently Asked Questions about Qualified Immunity.
Read the FAQproject team
Project on Immunity and Accountability Cases
Woman Seeks to Hold Police Accountable for Mistaken Identity Arrest
An innocent Texas woman was arrested in a case of mistaken identity while getting off a cruise in 2022. Now, she's suing Broward County for the unconstitutional arrest.
Project on Immunity and Accountability Legislation
Immunity and Accountability
Protecting Everyone’s Constitutional Rights Act–(Q.I. Reform)
This model bill guarantees that if citizens must follow the law, state and local government officials must follow the Constitution.
Immunity and Accountability
Protecting Everyone’s Constitutional Rights Ordinance
Qualified immunity is a judge-made doctrine that shields local, state and federal government officials–not just police–from accountability. In 1982, the U.S. Supreme Court created the doctrine to ensure, in its words, it would be difficult…
Related Amicus Briefs
Brown v. Pouncy
United States Supreme Court
Matthew Locke v. County of Hubbard
United States Court of Appeals for the 8th Circuit
Project on Immunity and Accountability Research
Immunity and Accountability
Unaccountable
The largest ever study of qualified immunity cases, Unaccountable finds the doctrine shields a wider array of officials and conduct than commonly thought while unacceptably burdening victims of government abuse and failing at its goals.
Immunity and Accountability
Constitutional GPA
Constitutional rights only exist if they can be enforced. But a confusing patchwork of immunity doctrines and special rules often means they cannot be. Chief among the doctrines that prevent constitutional accountability is qualified immunity,…