New bill would end qualified immunity for police officers in Illinois

A bill that would put an end to qualified immunity for police officers is making its way through the Illinois House.

The Bad Apples in Law Enforcement Accountability Act of 2021 would allow for civil litigation against law enforcement officers if they ‘deprive any individual rights guaranteed under the Illinois Constitution.’

Officers who ‘fail to intervene’ could also be held accountable.

Governor Pritzker signed a police reform bill in February that included ending cash bail. The end to qualified immunity was included in an early version of Pritzker’s Illinois police reform bill but was left out.

Several local law enforcement agencies strongly opposed the measure and a petition urging Pritzker to veto the bill garnered more than 150,000 signatures.

Those who oppose the action say the bill prohibits peace officers from fulfilling their sworn oath and duty.

More...

 

House Passes New Bill To Abolish Qualified Immunity For Police

On a largely party-line vote, the U.S. House of Representatives on Wednesday night approved the George Floyd Justice in Policing Act (H.R. 1280), a massive overhaul of American policing that would make it much easier to sue rogue officers. Among its many provisions, the bill would eliminate “qualified immunity” for all local, state, and federal law enforcement officers. Under qualified immunity, government officials escape any legal liability for civil rights violations unless the victim can show that their rights were “clearly established” at the time.

Thanks to this loophole, federal courts have upheld qualified immunity to Fresno officers accused of stealing more than $225,000 in cash and rare coins, an Idaho SWAT team that bombarded an innocent mom’s home with tear gas grenades, and a Georgia sheriff’s deputy who accidentally shot a 10-year-old boy while aiming for the family’s dog. 

“We as a country have a choice: We can either choose police accountability, or choose qualified immunity, but we cannot choose both,” one of the act’s original cosponsors, Congressman Ritchie Torres (D-NY), said on the House floor. “The purpose of the George Floyd Justice in Policing Act is not to second guess officers who act in good faith, the objective is to hold liable officers who repeatedly abuse their power and who rarely, if ever, face consequences for their repeat abuses.”

A nearly identical version of the bill passed the House last summer but never got a floor vote in the Senate. Though the Justice in Policing Act still faces an uphill battle this session, prospects are brighter. Ending qualified immunity is backed by around two-thirds of Americans, including many prominent celebrities like Tom Brady and the co-founders of Ben & Jerry’s.

Moreover, the bill has been endorsed by the Biden Administration, while some Senate Republicans have signaled they may be amenable to compromise. For instance, Sen. Tim Scott (R-SC) who last summer called eliminating qualified immunity a “poison pill,” on Tuesday said that he was “open to having conversations on civil qualified immunity as it relates to police departments, cities, and municipalities being held accountable for the actions of those they employ.”

More...