Last week, Human Rights Watch penned an
open letter to the House and Senate Judiciary Committees voicing their strong opposition to
a new bill that would make it nearly impossible to sue police for constitutional violations. Senator John Cornyn (R-Tex.) and Representative Ted Poe (R-Tex.) proposed the identical bills on May 16th "[t]o protect law enforcement officers, and for other purposes."
Co-Director of Human Rights Watch Alison Parker writes that
H.R. 2437/
S.B. 1134, or the "Back the Blue Act," doesn't protect police from danger, but rather
"protects police departments from liability, and removes incentives for those departments to monitor themselves and improve the quality of their policing."The proposed bill would make significant amendments to Sections
1983 and
1988 of the U.S. Code, shielding police officers from civil liability even in cases of grievous misconduct, making new federal crimes out of offenses already covered by state laws and imposing harsh mandatory minimum sentences.
Qualified immunity already provides police with broad protection from liability by requiring proof that not only were an individual's rights violated but whether or not a reasonable officer was aware that their misconduct violated the plaintiff's rights. Qualified immunity has been described by experienced civil rights litigator and
professor of law Alan K. Chen as "one of the most impenetrable barriers to liability for constitutional violations." According to Professor Chen, "the Court has shaped the doctrine in ways that make it more closely resemble absolute immunity."
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