Group wants to end officials’ protections from civil suits

A group of Ohioans wants to try again to change the state's Constitution to allow government employees to be sued.

The Ohio Coalition to End Qualified Immunity wants to end what it calls a legal loophole — qualified immunity — by putting the proposed amendment before voters on the 2024 general election ballot. Similar measures have been turned away for various reasons twice previously.

The group said immunity has led to a lack of accountability for law enforcement officers, and has stopped citizens from “seeking justice” for the misconduct of rogue officers, it said in a news release.

Qualified immunity protects state and local officials, law enforcement officers, teachers and other government employees from being sued for civil liability, unless the official violated a clearly established constitutional right.

“We believe that all government officials, including law enforcement officers, should be held accountable for their actions. Ending qualified immunity would help ensure that victims of misconduct have the ability to seek justice and would promote transparency and accountability within law enforcement,” Kyle Pierce, executive director with OCEQI, said.

The group launched a statewide campaign to get the question on the ballot. The process begins by gathering enough signatures before moving to the attorney general, who answers questions of law. From there, the secretary of state weighs in on ballot issues before the proposal goes to the legislature, which has to either take its own action or allow the proposal to go to voters.

“As citizens of Ohio, it is important that we understand the impact of qualified immunity and work towards ending it in our state. Together, we can make a real difference in the lives of those affected by misconduct and bring about positive change in our communities,” Pierce said.

In 2021, House Democrats introduced legislation to end qualified immunity as part of a package of bills dealing with police reform. It failed to pass the General Assembly.

In December, Attorney General Dave Yost rejected a petition for a proposed ballot amendment seeking to end qualified immunity, saying the summary contained a material omission and the title was misleading.