As we have witnessed again and again — including in the murder of George Floyd by police in Minneapolis — too many law enforcement personnel in our country are too willing to ignore the civil rights of the people they are supposed to protect.
One reason for this — along with severe problems in recruiting, training, accountability, militarization and culture within police departments as well as systemic racism within America at large — is a court concoction known as qualified immunity.
A quick history lesson:
- The Civil Rights Act of 1871 expressly allows people to sue public officials, including police officers, who violate their civil rights.
- In the 150 years since, the Supreme Court has shredded that law first by making up, then by expanding, an exception — called qualified immunity — for law enforcement.
- Qualified immunity in effect means that lawsuits by victims of police misconduct are often thrown out of court simply because the court has not previously heard a similar case.
- It’s a Catch-22 — kind of like when someone can’t get a job because she doesn’t have any experience but can’t get any experience because nobody will give her a job.
Legislation to end qualified immunity — so that victims of police racism and violence can at least have their day in court — was just introduced in Congress.
The End Qualified Immunity Act is co-sponsored by Alexandria Ocasio-Cortez and Ilhan Omar (who represents the district that includes Minneapolis), among others.
And some version of qualified immunity reform is almost certain to be included in the main police reform legislation that Congress will consider.
Tell Congress:
Pass legislation to end qualified immunity for law enforcement personnel who violate the civil rights of the people they are supposed to protect.
Add your name.
In unity.
- Robert Weissman, President of Public Citizen
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