Can NCOs be held liable for decisions made based solely on poor judgment?

The conclusion that non-commissioned officers (NCOs) cannot be held liable for decisions made solely based on poor judgment, unless those decisions violate established rights, is founded on the principle of qualified immunity, which protects government officials, including military personnel, from liability for civil damages under certain conditions.

In this context, liability typically arises when a public official's actions breach clearly established statutory or constitutional rights of which a reasonable person would have known. Poor judgment alone does not typically constitute such a violation; it must result in an infringement of someone’s established rights for liability to be considered. Therefore, as long as an NCO is making decisions within the framework of their duties and does not infringe upon the established rights of others, they are generally granted immunity, even if the decision may have been poorly judged.

This protection encourages NCOs to make decisions that align with their training and responsibilities without the constant fear of legal repercussions stemming from every choice they make, as long as those choices do not step outside the bounds of legal and ethical conduct.