This message includes references to police brutality
America has a serious and deadly police brutality problem. Yet even in the most extreme cases officers are rarely held accountable — in part because of a SCOTUS-created doctrine from 1967.
Unacceptable.
Tell Your Elected Officials: End Qualified Immunity.
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Friend,
We know this is a long email, but we hope you’ll take a few minutes to read it and learn one way you can help fight back against police brutality in America.
For decades, the Supreme Court has been sending a message to police officers that it’s ok to, in the words of Justice Sonia Sotomayor, “shoot first and ask questions later.”
Our country has a widespread, persistent, and racist police violence problem, but police officers are rarely held accountable — and it’s all because of Qualified Immunity, a doctrine completely made up by the Supreme Court that shields police from liability for even the most egregious misconduct.
Qualified Immunity hurts individual victims of police violence and it enables states and cities to turn a blind eye to abuse, making desperately needed structural reform less likely.
Learn more about SCOTUS’s harmful doctrine below, then join us in demanding action: tell your elected officials to end Qualified Immunity immediately.
If your Constitutional rights are violated by the police, you’re supposed to be able to sue them under federal law — yet Qualified Immunity, a rule invented by the Supreme Court, has made it nearly impossible for these lawsuits to be successful.
In practice, Qualified Immunity makes it virtually impossible for the vast majority of victims of police violence to hold the police accountable in court.
Qualified Immunity does not exist anywhere in the Constitution or the law: the Supreme Court made it up and expanded it on its own.
Originally, the Supreme Court invented Qualified Immunity to protect police officers from frivolous lawsuits in limited circumstances.
However, the Court has expanded the loophole so dramatically that it now almost universally protects those in positions of power. In the words of Justice Sotomayor, it has become “an absolute shield for law enforcement.” Justice Sotomayor has criticized Qualified Immunity for being applied too broadly and hurting the public’s trust in government institutions by protecting officials who behave horribly or unreasonably.
It has become very common for a government official accused of violating a person’s civil rights to be granted Qualified Immunity — making it much harder for victims and their families to sue.
Increasingly, when courts hear cases relating to police violence and excessive force, they side with the police. A Reuters investigation of 529 federal circuit court opinions in which cops were accused of excessive force found that courts were increasingly siding against the victims.
There are countless cases of police misconduct that are not videotaped, never go viral, and never make the news. In these instances, police departments usually fight lawsuits rather than settle them — and lately, they have been winning more often than not.
Qualified Immunity is devastating for victims and their families who can’t seek justice in court. It also stands in the way of much-needed structural change. Because of Qualified Immunity, cities and states are shielded from having to pay victims of abuse, so they’re less likely to feel pressure to reform practices to prevent future abuses. It’s a disaster.
TBD. The Supreme Court had the opportunity to hear a handful of cases related to Qualified Immunity this term, but declined them. Nevertheless there are nine remaining cases, not all involving the police, dealing with Qualified Immunity that the Court could decide next term.
Congress is currently considering legislation that would end Qualified Immunity, with Senators Cory Booker, Kamala Harris, and Ed Markey leading the charge in the Senate and Reps. Ayanna Pressley and Justin Amash doing so in the House. Take action now and tell your Members of Congress to dismantle Qualified Immunity.
End Qualified Immunity →
Donald Trump is openly taking over our courts, and if we let him succeed, his nominees will keep his hateful vision alive on the federal bench for decades. Join Demand Justice and take a stand to protect our nation's courts.
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