Momentum builds to end qualified immunity for police officers in the wake of George Floyd's killing
Last edited Wed Jun 10, 2020, 11:30 PM - Edit history (1)
Source: Yahoo News
At the top of the list of law enforcement reforms being considered in the wake of the killing of African-American George Floyd by Minneapolis police is ending qualified immunity, the doctrine that protects officers from being held personally liable for using excessive force so long as “clearly established” laws were not broken.
The qualified immunity statute was enacted by Congress in 1871, and it has served as the legal bedrock that prevents juries from being allowed to consider awarding damages in lawsuits brought against officers accused of using excessive force. The logic behind the statute is to protect officers whose daily job puts them at heightened risk of being sued because it requires split-second decisions. All that a police officer needs to show to invoke a defense of qualified immunity is that he or she believed the conduct to be lawful at the time it was carried out.
Critics of qualified immunity say the statute means that cops who commit crimes against citizens have an easy out, and point to dozens of unsuccessful cases brought by African-American victims.
While the Supreme Court’s 2009 decision in Pearson v. Callahan strengthened the qualified immunity defense used by police officers, eight new cases before the court could see a different outcome. Justices Sonia Sotomayor and Clarence Thomas have recently been critical of qualified immunity.
Read more: https://www.msn.com/en-us/news/us/momentum-builds-to-end-qualified-immunity-for-police-officers-in-the-wake-of-george-floyds-killing/ar-BB15j2Fz?li=BBnb7Kz
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