Law professor Michael Schwartz explains qualified Immunity

In the United States, “qualified immunity” is a legal principle that protects state and local officials, including police officers, from individual liability when sued. However, there is no immunity if the official violated a clearly established constitutional right. What makes a constitutional right “clearly established” is often not clear.

Recently New Mexico abolished qualified immunity when Governor Lujan Grisham signed the New Mexico Civil Rights Act into law.

[FULL SCREEN IMAGE: CBS4Local article with a headline that reads, “New Mexico Governor signs Civil Rights Act into law banning qualified immunity.” The article shows an image of Gov. Grisham sitting behind a desk delivering an address.]

This law will allow people in New Mexico to recover damages from the government when a government employee violates a person’s constitutional rights. The law encourages government employees to respect people’s constitutional rights.

[FULL SCREEN IMAGE: A female protester with a mask holding a cardboard sign that reads, “END QUALIFIED IMMUNITY.”]

Bills in the U.S. addressing qualified immunity have been introduced in 19 states, and several states, including Colorado and Connecticut, have ended the legal protection for government employees like police officers.

[FULL SCREEN IMAGE: Forbes article with a headline that reads, “Colorado Passes Landmark Law Against Qualified Immunity, Creates New Way To Protect Civil Rights.” The article shows an image of Gov. Jared Polis giving an address behind a pulpit]

Last month New York City became the first city in the country to restrict qualified immunity.

[FULL SCREEN IMAGE: ABC News article with a headline that reads, “New York City Modesto end qualified immunity, making it the 1st city in US to do so.” The article shows an image of the NYPD badge and Mayor Bill de Blasio.]

In Congress, H.R.7120 – The George Floyd Justice in Policing Act of 2020 – limits qualified immunity as a defense to liability in a private lawsuit against a police officer or state correctional officer. This law is a response to what happened to George Floyd in Minneapolis last year.

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https://cbs4local.com/news/local/new-mexico-governor-signs-civil-rights-act-into-law-banning-qualified-immunity

https://www.forbes.com/sites/nicksibilla/2020/06/21/colorado-passes-landmark-law-against-qualified-immunity-creates-new-way-to-protect-civil-rights/?sh=7cf657ff378a

https://abcnews.go.com/Politics/york-city-moves-end-qualified-immunity-making-1st/story?id=76752098