A frivolous lawsuit can still be dismissed without qualified immunity, and they regularly are, but the problem is that serious wrongdoing is also regularly dism

A frivolous lawsuit can still be dismissed without qualified immunity, and they regularly are, but the problem is that serious wrongdoing is also regularly dismissed, creating a catch 22 where the lack of existing case law and the requirement that wrongdoing be in violation of clearly established law (which generally means nearly identical facts) leads to cases being dismissed before they become case law. That's not conducive to good governance, which is why you get conservative Libertarians like The Cato Institute joining with the NAACP to argue against it.