ACLU Supporter –

It's a call you may now be very familiar with. One you've noticed on protest signs nationwide or in headlines over the course of this year: The calls to abolish qualified immunity – a legal defense that can shield police officers from civil liability for murder and misconduct.

As we approach one year since George Floyd's murder, the Senate is holding closed-door negotiations over whether to abolish, reform, or do nothing on qualified immunity in the Justice in Policing Act – the legislation that President Biden called on Congress to pass by May 25.

It's Congress who has the power to end qualified immunity for good – and all of us who have the power to ensure they do. Take action by sending a message to Congress now.

For decades, qualified immunity has been a key part of the architecture of impunity that allows government officials, including police officers, to act above the law. After the end of the Civil War, Congress passed Section 1983, a key civil rights law that granted people, especially Black people, the ability to seek redress in court if an official violated their rights. But in the 1960s, the Supreme Court invented and then expanded qualified immunity to limit these rights.

Today, this has made it nearly impossible for individuals to sue public officials by requiring proof that they violated "clearly established law" – putting the burden on victims to find a nearly identical court case that found the action unconstitutional.

ACLU Supporter, under qualified immunity, lives can be taken without consequence – disproportionately harming those targeted most by law enforcement including people of color, particularly Black people, people with disabilities, and LGBTQ individuals.

It's past time to eliminate this structure of impunity – and begin funneling resources away from law enforcement and into community services like housing, education, and accessible health care.

And Congress can start by passing legislation that ends qualified immunity without any exceptions now. Send your message today.

Thank you for taking action,

Cynthia Roseberry
Pronouns: She, her, hers
Deputy Director, Justice Division, ACLU