Qualified Immunity: What you need to know

As the 2021 Legislative Session approaches, there will probably be no more important topic to law enforcement discussed than qualified immunity. While rhetoric and talking points surround law enforcement and the police reform movement make sure you know the facts about qualified immunity.

Qualified immunity is a court made doctrine aimed at stopping an onslaught of lawsuits against public servants’ actions in the course of their duty. While other public servants enjoy qualified immunity protections, law enforcement is the only profession under attack of losing this important protection.

Other non-public employment professions don’t have qualified immunity, so why does law enforcement? Well, we know that law enforcement activity is a fluid, ever changing profession where one call is never identical to the next. Sure, this is true of other professions, not every water leak at your home is the same, but your plumber can turn off the water climb under the house, look for the problem, diagnose a solution, go to the supply house, buy the parts and take time to fix the leak.

Surgeons have to make critically life determining decisions during surgery, but they have a whole team of medical professions in the operating room with them and more just seconds away in the hospital, while that lone officer is responding to the armed burglar call at 2AM hoping his backup officer is no more than 5 minutes away, if he’s lucky. By the way in 2019 medical errors were the 3rd leading cause of death in America.

Qualified Immunity is a 2 prong test that plaintiffs have to pass before a civil lawsuit can go further. The first prong is that the court must recognize the action of the officer clearly violates someone’s civil rights. The second prong of the test is that there must have been a previous case where another officer's actions were found to be unconstitutional. This previous incident puts officers on notice that the certain action is impermissible. The second prong is what the opponents of qualified immunity want to do away with. No big deal, right? A court still has to find that what the officer did was wrong.

Ever been involved in a motion to suppress hearing? Have almost identical circumstances happen in a seizure and Judge A rule that the evidence is admissible and Judge B rule that the evidence is inadmissible? You responded in the same way followed the same procedure, but different outcomes sometimes happen. This is the reason that the second prong is needed.

Ever seen when an officer has been prejudged by his actions when there is a snippet of a video, an accusation from a third party, or the accuser wasn’t even there?

Part of the rhetoric is that eliminating qualified immunity would improve policing in Louisiana. During the recent months COVID-19 has taken a toll on all the citizens in Louisiana and has touched everyone's family. Across America, 432 law enforcement officers have died from COVID-19 with 24 of those being in Louisiana. Louisiana is 5th in the total amount of law enforcement COVID-19 related deaths, but there were NO recommendations to get law enforcement officers vaccinated quicker or a resolution to urge claims and benefits for family members be expedited.

There was no resolution for increasing state supplemental pay or urging local governments to increase starting pay or giving grants for hiring and training incentives to attract Louisiana’s youngest, best and brightest and keeping our best to make law enforcement in Louisiana better.

You can help the time-honored profession of law enforcement in Louisiana. Get to know the facts about qualified immunity. Learn why eliminating it greatly worsens the problem. Louisiana is already seeing an all-time high of our best and brightest leaving law enforcement. These numbers will increase rapidly in Louisiana if qualified immunity laws are repealed. Go to policereformlouisiana.com and learn the facts for yourself. Usually when someone has a problem with something, it's either because they don't know or they don't care. We know that you care. Please make sure that you know. Thank you.