Want to Defund Police … No Need, Just Repeal Qualified Immunity
/Want to Defund Police … No Need, Just Repeal Qualified Immunity
By: Ken Dye
Qualified immunity is a type of legal immunity that shields police officers from harassment, distractions and liability when their duties are performed reasonably.
Specifically, qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether a right was “clearly established,” courts consider whether a reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights. Of important note, courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case.
Qualified immunity is not immunity from having to pay money damages, but immunity from having to go through the costs of a trial at all. Accordingly, courts must resolve qualified immunity issues as early in a case as possible, preferably before discovery.
Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials’ actions.
After the Michael Brown Jr. incident in Ferguson, MO and the death of George Floyd the hue and cry went up…”Cops have too much authority, cops kill over (insert your favorite three item number here) blacks every year.”
The media, spoon-fed the incidents, without delving into the facts. Yes, George Floyd’s death shouldn’t have happened… but it did. One must look into the actions by Mr. Floyd that brought a police response.
The Michael Brown Jr. incident was misreported by all media forms. Here’s a bulletin for you: “Hands Up, Don’t Shoot” is a false narrative. Even the president and the AG knew this early on.
Knee-jerk politicians, in an effort to placate the loudest voices, eliminated qualified immunity. That, along with no-bail legislation, led to an alarming increase in crime.
Officers are leaving departments where they feel they have no protection against foolish and unnecessary lawsuits backed by a number of lawyers willing to take the case… in the interest of justice, of course.
Officers, concerned that they may be sued, stopped pro-active policing. Some refused to make arrests even in the face of overwhelming evidence. Why? Largely due to the lack of qualified immunity.
Maybe it’s time for the lawmakers to take another look at these unnecessary and burdensome laws that hamper the ability to “Serve and Protect.”
If not you better make friends with criminals.
Ken Dye is the author of five books about crime, cops and bad guys in the St. Louis area. He blogs under “Cops Perspective” and has over 20,000 followers. Ken served with the St. Louis County Police Department for 13 years and finished his LE career with the Illinois Criminal Justice Authority as the administrator for the statewide MEG’s and Narcotics Task Forces.
