Some Bad and Some Good

In my last Legal Bits, I suggested that the Supreme Court should use pending cases as an opportunity to redefine the qualified immunity doctrine, which has been broadly interpreted to protect egregious police misconduct.

As a refresher, qualified immunity is a court-created defense available to civil servants that insulates them from civil liability. A police officer need only show that use of excessive force did not violate a clearly established prior court ruling that barred such conduct.

Let’s start with the bad. Today, the Supreme Court announced that it will not hear cases that seek the reexamination of the qualified immunity defense. Four votes of the justices are needed to grant review of a case.

Now for the good. My Legal Bits wound up in the hands of a friend running for the U.S. Senate. (Yes, another plug for Steve Bullock of Montana.) According to Steve, the Senate is considering legislation to limit the police’s use of the qualified immunity defense. There appears to be bipartisan support for qualified immunity reform.

Come senators, congressmen
Please heed the call
Don't stand in the doorway
Don't block up the hall
For he that gets hurt
Will be he who has stalled
The battle outside ragin'
Will soon shake your windows
And rattle your walls
For the times they are a-changin'

—Bob Dylan