The statute that protects officers from being held liable for using excessive force has drawn renewed scrutiny since the killing of George Floyd.
At the top of the list of law enforcement reforms being considered in the wake of the killing of African-American George Floyd by Minneapolis police is ending qualified immunity, the doctrine that protects officers from being held personally liable for using excessive force so long as “clearly established” laws were not broken.
While the Supreme Court’s 2009 decision in Pearson v. Callahan strengthened the qualified immunity defense used by police officers, eight new cases before the court could see a different outcome. Justices Sonia Sotomayor and Clarence Thomas have recently been critical of qualified immunity. Since Floyd’s killing, calls to abolish the statute have also been gaining traction in Congress. Last week, Reps. Justin Amash, I-Mich., and Ayanna Pressley, D-Mass., introduced the “Ending Qualified Immunity Act.”
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