TOLEDO, Ohio — As legislators continue to banter about police reform, the term "qualified immunity" is being used more and more.
Many proponents of police reform and organizations like the NAACP want to end the practice. But what is it exactly?
Qualified immunity dates back to 1871 when Congress adopted legislation protecting government officials, including law enforcement officers, from individual liability unless the official violated a clearly established constitutional right. This made it difficult to successfully sue police officers, and according to the National Conference of State Legislators, very few lawsuits were successfully brought prior to the 1960s.
In 1967, the Supreme Court recognized qualified immunity as a defense to such claims. In 1982, the Court adopted the current standard, which states qualified immunity is generally available if the law an official violated isn't "clearly established."
If qualified immunity is determined to apply, a civil suit cannot be brought forth.
The George Floyd Justice in Policing Act was approved by the U.S. House in March, nearly along party lines. The legislation would eliminate qualified immunity for police officers nationwide and make other changes in policing policies, like banning chokeholds.
President Joe Biden supports the bill.
Cities and states around the country have taken steps to end the practice while debate continues at the national level.
On March 25, New York City Council voted to end qualified immunity for police officers, becoming the first city in the country to do so. Earlier this month, New Mexico Gov. Michelle Grisham signed a bill ending the provision for all government workers.
Colorado became the first state to ban qualified immunity for police officers in June 2020.
The Ohio Fraternal Order of Police has pushed back against ending the protection for officers.
