Qualified immunity: Sensible doctrine or public official's 'get out of jail free' card?

Qualified immunity is a judicially created doctrine governmental officials can assert in an effort to shield themselves from certain civil liability as long as they didn't violate an individual's clearly established statutory or constitutional right. In a recent decision, the 5th Circuit addressed the concept and highlighted the requirements for such immunity to apply.

Facts

Dr. Michael Wigginton served as an assistant professor of Legal Studies in the School of Applied Sciences at the University of Mississippi. As a tenure-track employee, he was required to complete a five-year probationary period before he could become eligible for a formal process of tenure review.

In accordance with university policy, Wigginton formally applied for tenure in 2013, at the beginning of his sixth year at the school. At that time, he had coauthored five textbooks, published two peer-reviewed journal articles and had a third accepted for publication, and published one article in a professional, nonacademic journal.

Wigginton's application was considered by multiple layers of reviewers with differing results. All five of his external reviewers each provided a positive review of his eligibility for tenure. The Tenure and Promotion Review Commission and the provost, on the other hand, felt he shouldn't be granted tenure and promotion. The chancellor of the university agreed and declined to nominate him for tenure or promotion. His employment at the school concluded on May 10, 2015.

Decision