Congress: End Qualified Immunity

Cops shouldn't have a “get-out-of-court-free” card, whether they’re using lethal force, making unlawful arrests, or racially profiling people. But that's what qualified immunity lets them do.

Qualified immunity shields police officers and other government officials from liability by requiring proof an official violated “clearly established law” – putting the burden on victims to find a nearly identical court case that found the action unconstitutional. This is a key element of the architecture of impunity that amplifies police power and keeps them above the law, and disproportionately impacts those targeted most by law enforcement including people of color, particularly Black people, people with disabilities, and LGBTQ individuals.

As Congress approaches President Biden’s deadline for passing the George Floyd Justice in Policing Act, it can and must take action by passing legislation that ends qualified immunity without exception. Send a message urging them to do so today.

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Subject End qualified immunity once and for all

Following the murder of George Floyd and the historic protests last summer in response to countless police killings of Black people, at least 20 states have either already passed, or are considering, bills to end or limit qualified immunity in state courts. But Congress has the power to eliminate this doctrine across the country and as your constituent, I'm asking you to take action – by passing legislation that will end qualified immunity without exception.

Message Body

Qualified immunity has enabled law enforcement and other government employees to escape liability of misconduct for decades. Under this legal defense, victims seeking justice in civil court – oftentimes people seriously injured from, or family members of people killed by, police – are required to find nearly-identical court cases to prove their rights were violated.

Not only does this make it close to impossible to hold an official to account – it fosters an environment where police can feel empowered to violate people's rights with the knowledge they will face few consequences. Qualified immunity is part of an architecture of impunity that lets police act as if they are above the law, and it undermines the purpose of the post-Civil War legislation that sought to give newly-emancipated Black people a vehicle for protecting their rights in court.

It's time for Congress to eliminate this doctrine for good – and begin funneling resources away from law enforcement and into community services like housing, education, accessible health care, and violence prevention programs.

Please, close the loophole allowing government officials to escape accountability for violating constitutional rights: Pass legislation that ends qualified immunity once and for all.

Sincerely,

[First Name] [Last Name]

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Congress: End Qualified Immunity

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