Change Municipal Immunity Not Police Qualified Immunity

By | July 29, 2020

I have been following with interest the legislative process for police reforms. Police Officer qualified immunity should not be the focus of the discussion. Police Officers have dangerous jobs requiring quick reactions and the ability to think on their feet. They should not have to worry about losing their retirement, house, and all their possessions while making life and death decisions in the field.

Local municipalities and the state of Connecticut hire, train, monitor, promote, discipline, and fire Police Officers. Yet a complex web of legal opinions shield these governments from liability when they neglect their responsibilities and one of their Police Officers violates someone’s civil rights.

Instead of debating qualified immunity, our legislators should propose a way to remove the veil of immunity from the local governments and our state when police action violates state or federal law. This change will provide a path to obtain damages for those who feel their civil rights have been violated where currently none exists. In addition, those in charge of the police will have incentives to properly train, monitor, and discipline the police or face the consequences of costly litigation. And Police Officers will have one less thing to consider as they do their complex and dangerous jobs.