Category: Qualified Immunity

Supreme Court Rejects Lawsuit Brought by Man Who Served 24 Years for Rapes He Did Not Commit

The Supreme Court decided against hearing the wrongful conviction lawsuit of a Wisconsin man who spent 24 years behind bars for two rapes he did not commit. The Court denied the petition of Daryl Holloway on April 3 in an unsigned order without explaining why. No justices dissented. A petition is granted and oral arguments…


In Wake of Tyre Nichols’ Death, Sen. Lindsey Graham Suggests Policing Reform Compromise

Sen. Lindsey Graham (R-S.C.) calls a video that shows police fatally beating 29-year-old Tyre Nichols in Memphis, Tennessee, “appalling.” Then, writing on Twitter, Graham suggested a possible compromise on a police-reform package that has been stalled in Congress. Tyre Nichols. (Courtesy of the Nichols family via AP) “I oppose civil lawsuits against individual officers,” Graham…


Supreme Court Allows Lawsuit Against Dallas Police in Death of Mentally Ill Man

Rejecting an appeal by Dallas police officers, the Supreme Court decided May 31 to allow a lawsuit to proceed against them after Tony Timpa, a mentally ill man, died in police custody. The case goes back to August 2016 when Timpa, 32, called 911 to report he was “having a lot of anxiety” about a…


Supreme Court Rules in Favor of Police Over Excessive Force Claims

The Supreme Court on Monday ruled in favor of police in two cases in which plaintiffs argued that officers used excessive force, overturning lower court rulings that allowed law enforcement to be sued over civil rights complaints. In two unsigned (pdf) opinions (pdf), the Supreme Court argued that police can be shielded from liability—often known…


Lawmakers Reach Bipartisan Preliminary Agreement On Police Reform Bill

A trio of bipartisan lawmakers leading negotiations on a comprehensive police reform package have reached a preliminary bipartisan agreement on the issue, they announced on June 24, bringing them one stop closer to passing the major bill. Three of the five negotiators; lawmakers Sens. Tim Scott, (R-S.C.), and Cory Booker, (D-N.J.) and Rep. Karen Bass,…


Police Officers Leave NYPD as Anti-Police Sentiment Shatters Morale

More than 5,300 New York police officers resigned or retired last year—a sharp increase of 75 percent over the previous year—as morale fell following widespread unrest and calls to defund the police in response to the police-involved death of George Floyd in May 2020. Resigning officers accounted for 15 percent of total officers leaving their…


Orange County Sheriff Calls for Continuation of Qualified Immunity 

Orange County Sheriff Don Barnes is speaking out against recent congressional reform initiatives that involve eliminating qualified immunity, a law that grants government officials immunity from civil lawsuits as long as they were taking proper actions within the course of their duties. “Peace officers make critical split-second decisions at the most difficult moments,” Barnes said in a May 11 statement posted to Twitter. “Qualified…


Police Reform and Personal Responsibility

Commentary It is indeed rare, if not unprecedented, to see a highly diverse group of organizations such as the conservative Alliance Defending Freedom, the liberal American Civil Liberties Union, the libertarian Cato Institute, and the Reason Foundation on the same page as the NAACP Legal Defense and Education Fund on the same issue. But it…


New Mexico Eliminates Qualified Immunity for Public Officials, Including Police

New Mexico Gov. Michelle Lujan Grisham Wednesday signed into law a bill that prohibits government employees in her state from using the qualified immunity defense against civil liability lawsuits. The law, dubbed the New Mexico Civil Rights Act, also allows individuals to sue for compensation if a state or local government employee violates the person’s “rights, privileges,…


New York City Cuts Qualified Immunity for Police Officers

The New York City Council has passed a series of measures that affect police operations, including a hotly debated one that makes it easier to sue officers for misconduct. The council voted last week to adopt five bills and three resolutions that it said are “designed to increase police accountability and reimagine public safety in our…