Civil and Human Rights

RELEASE: Qualified Immunity: The Only Way to Fix It Is to End It

WASHINGTON – As the House Judiciary Committee holds an oversight hearing on “Policing Practices and Law Enforcement Accountability,” Constitutional Accountability Center filed testimony with the Committee exploring the text and history of the Fourteenth Amendment, explaining why Congress should end the judge-made doctrine of qualified immunity altogether.

Discussing this testimony, CAC President Elizabeth Wydra issued the following statement:

The Fourteenth Amendment was drafted more than 150 years ago, in part, to redress—and prevent—the same police violence against African Americans our nation suffers to this very day. That Amendment, enshrined in the Constitution against a backdrop of horrific massacres in which white police officers killed hundreds of African Americans in cold blood, provides Congress with broad power to curb unjustified police use of force. 

In 1871, the Reconstruction Congress passed Section 1983 to enforce the Fourteenth Amendment and ensure that individuals could go to court to redress constitutional violations and obtain justice. But the Supreme Court later created a doctrine immunizing state actors from accountability called “qualified immunity,” effectively barring the courthouse doors for many whose constitutional rights have been violated. 

As our testimony makes clear, qualified immunity has eroded the enforcement of constitutional rights, undermined the rule of law, and denied justice to those victimized by the police, letting the cycle of police violence and brutality repeat over and over again. The long line of police killings of unarmed Black people —George Floyd and Breonna Taylor among the most recent—is the result of a system that breeds police unaccountability.

At long last, Congress must redeem the promise of the Fourteenth Amendment when it comes to police accountability. There must be no mistake: Congress can only fix the qualified immunity doctrine by ending it once and for all.

#

Resources:

“Statement of the Constitutional Accountability Center, Oversight Hearing on ‘Policing Practices and Law Enforcement Accountability,’” House Committee on the Judiciary, June 10, 2020: https://www.theusconstitution.org/wp-content/uploads/2020/06/2020-06-10-Statement-of-the-Constitutional-Accountability-Center-on-_Policing-Practices-and-Law-Enforcement-Accountability_.pdf

“‘We Do Not Want to be Hunted’: The Right to be Secure and Our Constitutional Story of Race and Policing,” David H. Gans, SSRN, June 8, 2020 (forthcoming, Columbia Journal of Race and the Law): https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3622599 

“CAC Endorses the Ending Qualified Immunity Act,” Statement of Elizabeth Wydra, June 5, 2020: https://www.theusconstitution.org/news/release-cac-endorses-the-ending-qualified-immunity-act/ 

“The Supreme Court Enabled Horrific Police Violence by Ignoring Constitutional History,” David H. Gans, Slate, June 3, 2020: https://slate.com/news-and-politics/2020/06/supreme-court-enabled-george-floyd-murder-police-violence.html

“Civil Rights Coalition Letter on Federal Policing Priorities,” Leadership Conference on Civil and Human Rights, June 1, 2020: https://civilrights.org/resource/civil-rights-coalition-letter-on-federal-policing-priorities/ 

“To Restore Accountability for Police Abuse, Reform of ‘Qualified Immunity’ Is Overdue,” CAC Blog, Brian Frazelle, April 17, 2020: https://www.theusconstitution.org/blog/to-restore-accountability-for-police-abuse-reform-of-qualified-immunity-is-overdue/

##

Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

###

More from Civil and Human Rights

Civil and Human Rights
U.S. Court of Appeals for the Ninth Circuit

Payan v. Los Angeles Community College District

In Payan v. Los Angeles Community College District, the Ninth Circuit is considering whether lost educational opportunities are compensable under Title II of the Americans with Disabilities Act. 
Civil and Human Rights
U.S. Supreme Court

Stanley v. City of Sanford

In Stanley v. City of Sanford, the Supreme Court is considering whether the Americans with Disabilities Act protects against disability discrimination with respect to retirement benefits distributed after employment. 
Civil and Human Rights
U.S. Supreme Court

United States v. Skrmetti

In United States v. Skrmetti, the Supreme Court is considering whether Tennessee’s ban on providing gender-affirming medical care to transgender adolescents violates the Equal Protection Clause of the Fourteenth Amendment.
Civil and Human Rights
July 31, 2024

Supreme Court Allows Cities to Punish Homelessness

The Regulatory Review
At the end of its 2023-24 term, the U.S. Supreme Court issued several divided decisions...
By: Brian R. Frazelle
Civil and Human Rights
June 28, 2024

RELEASE: Ignoring constitutional history and original meaning, conservative majority allows city governments to punish people for sleeping in public even if they have nowhere else to go

WASHINGTON, DC – Following today’s decision at the Supreme Court in City of Grants Pass...
By: Brian R. Frazelle
Civil and Human Rights
June 20, 2024

RELEASE: Supreme Court decision keeps the door open to accountability for police officers who make false charges

WASHINGTON, DC – Following this morning’s decision at the Supreme Court in Chiaverini v. City...
By: Brian R. Frazelle