When is qualified immunity typically invoked?

Qualified immunity is typically invoked before the trial, as this legal doctrine protects government officials, including police officers, from being held personally liable for constitutional violations, provided that the violated right was not "clearly established" at the time of the incident. This means that a defendant can file a motion to dismiss the case based on qualified immunity before the trial begins.

If a court agrees that the official was acting within the scope of their duties and that there was no clear precedent for the alleged violation, the case may be dismissed without the need for a trial. This pre-trial invocation helps to shield officers from the burdens of litigation and the stress associated with a trial if the facts do not warrant proceeding.

In contrast, invoking qualified immunity after the trial or during the trial stages would not align with the procedural norms, as the primary goal of qualified immunity is to prevent the expense and time of a trial for officials performing their duties. It is not exclusively limited to federal cases but can also apply in state cases, thus ruling out the notion that it only occurs in federal contexts.