Qualified Immunity, or How the Law Shields Police: QuickTake

As the issue of U.S. policing reform moves past the death of George Floyd, one front-burner issue is qualified immunity. That’s a controversial legal doctrine invented by the Supreme Court that shields law enforcement and other officials from civil suits alleging violations of federal law. Legislation introduced by Democrats in Congress would eliminate that shield, but stiff opposition by Republicans probably assures it will live on.

Since prosecutors have historically been hesitant to bring criminal charges against police officers, the protection from civil suits that qualified immunity confers has left many victims and their families with no means of legal redress. Even in the wake of Floyd’s death in 2020, the Supreme Court has rejected petitions that sought to topple the doctrine.