The killing of George Floyd in Minneapolis over Memorial Day Weekend sparked protests and nationwide discussions of race, police abuse and criminal justice reform — a discussion that has yet to abate. His tragic death also renewed focus on a legal doctrine called “qualified immunity” that government bureaucrats and regulatory officers have used as a legal defense to violate people’s rights.
For decades, qualified immunity has enabled government officials ranging from irresponsible tax collectors to violent police officers to violate people’s rights, often with little to no consequences. What is qualified immunity, and why is it so damaging? A brief history lesson explains.
During Reconstruction following the Civil War, Congress created a simple law that made it easy for all Americans to demand the government follow the Constitution and the laws of the land. That law, known as 42 USC Section 1983, “Civil Action for Deprivation of Rights,” says that every government official who, under color of law (that is, while doing their government job), violates someone’s constitutional or statutory rights shall be liable (must pay damages) to the person who suffers that injury. In other words, if a government worker violates someone’s constitutional rights, they must pay that person for the damage caused.
This law was a response to the widespread harassment of freed slaves, and Congress was making it clear that it would no longer allow such harassment in the United States. Section 1983 effectively enforced the promises set out in the Bill of Rights and Reconstruction Amendments — they were no longer just empty words on paper.
Despite the law’s simplicity and power, the Supreme Court created and extended the doctrine of qualified immunity over the last half-century, undermining Section 1983. The doctrine holds that government officials, including law enforcement officers, can be sued successfully for damages in court for violating someone’s rights only if the constitutional violation is “clearly established.” That means there needs to be a prior precedent with virtually the same facts. In a world where government actors find myriad ways to violate your rights, finding a case exactly alike is not usually easy. And if there is no similar precedent, then your case is thrown out of court.
In practical terms, qualified immunity means that in almost all cases, if a government agent violates someone’s property rights, freedom of speech, or even physically injures them, the government agent cannot be held liable for damages (that is, money).
No comments:
Post a Comment