Tag: qualified immunity

The killing of George Floyd while in the hands of Minneapolis police offices sparked a national conversation about the role of police forces, and how to eliminate police brutality. One of the movements gaining momentum is an end to the doctrine of qualified immunity. On Wednesday, over 1,400 sports figures over a spectrum of leagues signed onto a letter from The Players Coalition calling for legislation to end the doctrine of qualified immunity.

A number of NFL stars signed onto this letter, including players such as Drew Brees, Tom Brady, Carson Wentz, Dak Prescott, Myles Garrett, Malcolm Jenkins, and more.

The full text of the letter can be viewed here.

The doctrine of qualified immunity works as a shield to prevent courts from finding police officers and officials personally liable for constitutional violations, including excessive force claims. These officials cannot be held liable for monetary damages as long as the officers did not violate “clearly established law.”

Courts apply this standard in the following way. For an official to be found liable and in violation of clearly established law, three questions must be answered. First, is there an already existing judicial decision with substantially similar facts? Second, courts must decide whether there was a prior judicial decision first before moving onto the issue of whether a constitutional right was violated by the officer in question. This recent decision, in a Supreme Court case of Pearson v. Callahan (2009), changed the analysis. Prior to the Pearson decision courts would first ask if a constitutional right was violated, but now the courts first address whether a prior judicial decision with substantially similar facts is available. Many legal observers believe the Pearson decision has made it much more difficult to find officers liable, and a recent study done by Reuters found evidence to support this position.

The third step in the analysis involves the idea of a “reasonable officer.” In these cases, a court must judge the involved officer’s conduct on the basis of “any reasonable officer” in that position. Therefore, a court must find that the conduct in question and the rights violated must be so clear that it would have been obvious to the “least reasonable officer.”

The first prong of this three-prong test is perhaps the most difficult hurdle to clear for those seeking justice against police officials in these cases, given how courts strictly apply this test. Take one example. In a case that is one of many currently pending before the Supreme Court, Nashville police officers released a dog on a suspect, who had surrendered and was sitting on the ground with his hands raised. That suspect brought a suit against the police officers for excessive force. The 6th Circuit when hearing the case on review found that prior courts did find officers liable for using excessive force when they released a dog on a suspect who had surrendered by lying down, but since the suspect in this case was sitting up with his hands raised, there was no prior judicial decision with substantially similar facts, and therefore the officers were not liable.

In addition to the qualified immunity issue currently before the Supreme Court, there is proposed legislation circulating on Capitol Hill. Representatives Justin Amash (L-MI) and Ayanna Pressley (D-Mass) introduced on June 4 the Ending Qualified Immunity Act, aimed at eliminating qualified immunity.

Indianapolis Colts quarterback Jacoby Brissett, one of the players to sign the letter, spoke about the changes that are needed today to NFL.com: “You see what’s going on in the world today, and we’re trying to get (that) changed. Obviously, this would be a stepping stone in the right direction.”

The letter, which cites other examples of courts failing to find officers liable under the “substantially similar facts” test, ends with a powerful call to action:

It is time for Congress to eliminate qualified immunity, and it can do so by passing the Amash-Pressley bill. When police officers kill an unarmed man, when they beat a woman, or when they
shoot a child, the people of this country must have a way to hold them accountable in a court of law. And officers must know that if they act in such a manner, there will be repercussions. A legal system that does not provide such a recourse is an illegitimate one. In their grief, people have taken to the streets because for too long, their government has failed to protect them. The Courts and elected officials alike have instead shielded people who caused unspeakable harm. Congress must not be complicit in these
injustices, and it should take this important step to show that law enforcement abuse will not be tolerated.

As the nation continues to call for change in the wake of George Floyd’s death, athletes, including many NFL stars, are joining that fight.