What is qualified immunity?
Qualified immunity is a judicially created doctrine that shields government officials from being held personally liable for constitutional violations—like the right to be free from excessive police force—for money damages under federal law so long as the officials did not violate “clearly established†law. Both 42 U.S.C. § 1983—a statute originally passed to assist the government in combating Ku Klux Klan violence in the South after the Civil War—and the Supreme Court’s decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (1971) allow individuals to sue government officials for money damages when they violate their constitutional rights. Section 1983 applies to state officials, while Bivens applies to federal officials. Because damages are often the only available remedy after a constitutional violation has occurred, suits for damages can be a crucial means of vindicating constitutional rights. When government officials are sued, qualified immunity functions as an affirmative defense they can raise, barring damages even if they committed unlawful acts. (Qualified immunity is not, however, a defense to claims for injunctive relief.)
Interestingly, note that it was created by the judicial branch, not legislative branch. Also, notice that it applies essentially to all government officials.
What percent of NYC officers will resign by the end of the year? How much will crime spike in NYC because officers will not want to get involved? (and, this is not New York State, only NYC) https://t.co/b57rUSx9zd
— William Teach2 ??????? #refuseresist (@WTeach2) March 26, 2021
That story in the tweet is probably one of the silliest, since it conflates NYC with New York State multiple times in the article, not just the headline. Layers and layers of fact checkers, eh? So, we’ll go to the CBS one noted
The New York City Council voted Thursday to end qualified immunity for police officers.
The decades-old protection has prevented officers from being sued or liable for misconduct.
New York is now the first city in the country to end qualified. The measure was passed as part of a package of police reform bills.
Critics argued scrapping the protection will make officers less aggressive in fighting crime, if they have to worry about lawsuits.
City Council Speaker Corey Johnson, however, said it “has been used to deny justice to victims of police abuse for decades.â€
“Rooted in our nation’s history of systemic racism, qualified immunity denied Freedom Riders justice and has been used to deny justice to victims of police abuse for decades,†he tweeted after the vote. “It should never have been allowed, but I’m proud that we took action today to end it here in NYC.â€
But of course they had to trot out the “systemic racism” talking point. How many officers will now retire from the NYPD by the end of the year? How many will leave the NYPD for other jobs? How hard will it be to replace those officers? How high will crime spike in a city where the crime is already spiking? Will it make New Yorkers pine for the “good years” of Mayor Dinkins? How soon will the rich and upper middle class white liberals abandon NYC to avoid the crime? And see businesses, which generate enormous tax revenue for the NYC, leave the city?
Certainly, there needs to be some reform to qualified immunity, because there are times when officers go to far and they know it. But, more often, the complaints are just people pissed off that they were arrested. Look at the case of Malaika Jones. We have her accusing two officers of all sorts of things, including racism and that they were chatting about where to tase her because she was pregnant. But, see, that’s her side of the story. She refused to sign the ticket, something very simple. She had been speeding. Sign it and be done. She refused to follow the lawful orders of the officers. And got tazed. And detained. And the courts showed a different story of what happened, rather than her fable. And the officers were shielded.
(The Skanner) Brooks’ arrest and the resulting uproar triggered two minor reforms: Individuals who refuse to sign citations are no longer subject to arrest; and “police department policy now restricts the use of Tasers on pregnant women to exceptional circumstances,†said Holmes.
See, while lots of outlets like to use this as an example, the law was clear: the officers were following the law, as passed by the city. In NYC, officers (those that haven’t left) will simply refuse to get involved, since they can now be sued directly and such, especially since we know that people just love to make up stories when they’ve broken the law, right? Notice, too, that the rest of the NYC government is still covered by qualified immunity. What, you thought that they would remove it for themselves for equity’s sake? Pfft.
Read: New York City Votes To Remove Qualified Immunity From Police »