The qualified immunity defense protects police and other government officials from civil litigation in certain circumstances, permitting lawsuits only when an individual's "clearly established" statutory or constitutional rights have been violated. Gordon's blood alcohol content was recorded at more than three times the legal limit in Michigan, according to court papers. While a trial judge denied Bierenga's request for qualified immunity, the Cincinnati-based 6th U.S. Nita Gordon appealed the decision to the Supreme Court. Bierenga's lawyers told the Supreme Court that qualified immunity "is intended to provide officials with the security to go about their constitutional duties, without the threat of burdensome litigation hanging over them with every move."

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