Honor Floyd, end qualified immunity
The murder of George Floyd last year by Minneapolis police officers unleashed global uproar, a reckoning with America’s troubled history and spurred needed conversations about criminal justice and policing reform.
On Tuesday, the one-year anniversary of Floyd’s murder, President Joe Biden reiterated his support for the George Floyd Justice in Policing Act. For the sake of justice and trust in policing, we hope Congress makes that a reality.
The George Floyd Justice in Policing Act would implement many long needed changes to policing in the United States.
The proposal would, among other things, curtail the militarization of local police departments, require federal officers to wear bodycameras, establish a national registry of police misconduct complaints and would curtail qualified immunity protections for law enforcement officers who violate the rights of individuals.
One of the major points of contention is with respect to qualified immunity. Abolishing qualified immunity must be included in any major policing reform effort.
Qualified immunity is a judicially-created doctrine which effectively shields government agents from being held liable in civil suits when they’ve clearly done wrong.
The U.S. Supreme Court has, to date, punted on cases challenging qualified immunity, which leaves the matter in Congress’ hands.
On Monday, the Supreme Court declined to hear a case regarding the 2017 killing of 23-year-old Luke Stewart, who was sleeping in his car when an officer, who didn’t identify himself as such, knocked on his window, startling him and prompting his attempt to drive away. This kicked off a confrontation that left Stewart dead.
As Reason Magazine notes, “A federal court last summer agreed that a reasonable jury could find that Rhodes violated Stewart’s constitutional rights when the officer shot him dead... He was never told he was under arrest, nor did [Officer Matthew] Rhodes ever display his badge...Yet in the same breath, the court said that Stewart’s estate may not bring their lawsuit before any such jury, because Rhodes was awarded qualified immunity.”
Most police officers perform their difficult jobs professionally and with integrity. But some do not and given what’s often at stake, it’s important that those who go so far to violate the constitutional rights of their fellow Americans are held accountable.
Abolishing qualified immunity is no panacea, but in conjunction with the other reforms proposed, it will keep officers in check.
President Biden should continue to use his platform to promote policing reform. We’d also suggest that he soften his views on one of the other major drivers of unjust police interactions and mass incarceration, which is the War on Drugs. Biden has been reluctant to support ending marijuana prohibition, a key starting point for unwinding the War on Drugs, prompting Senate Majority Leader Chuck Schumer, D-New York, to say he plans to move ahead with a federal reform bill regardless.
Ending the war on drugs, curtailing police militarization and holding abusive officers accountable are critical to preventing future tragedies. Here’s to hoping Congress has to will to go beyond rhetoric and make it happen.