Police Accountability Is A ‘Non-Starter’ Without Discarding The Qualified Immunity Doctrine
Some reps in Congress assert that dismantling qualified immunity (“QI”)—a police officer’s so-called good faith defense to a civil rights lawsuit—is a “non-starter” in negotiations to pass the George Floyd Civil Rights Act. In reality, meaningful police accountability is a non-starter without discarding QI.
QI is a regressive framework which has turned federal civil rights lawsuits into sheer games of chance with bad odds. Under QI, the Supreme Court instructs judges to apply a two-pronged analysis, in a specific order: first to examine whether the right sought to be vindicated was clearly-established at the time, and second to examine whether the officer reasonably could have believed his/her conduct was lawful.