Law created to protect law enforcement from lawsuits is under attack

Law created to protect law enforcement from lawsuits is under attack

Court law protecting police has recently been met with both criticism and praise.

A number of u-s house democratic leaders introduced a bill to remove qualified immunity for officers.

This law protects them from being sued when a mistake happens while performing their jobs.

Another u-s house member has recently introduced a counter- bill to keep the law.

News 18's micah upshaw explains.

M: qualified immunity was established in the 1960s to work as a lawful shield for law enforcement.

It's designed to protect officers from harassment, distraction and liability.

According to the law, this only applies in the case of a "reasonable mistake" that can happen while performing their duty.

That's why u-s house representative jim banks doesn't want to see it go.

J: what qualified immunity does is it protects our good police officers who do everything right but under tragic circumstances things happen in the heat of their job.

M: in the law - reasonable mistake doesn't have a clear definition, that's why a number of house members have decided to introduce a bill to end qualified immunity.

Congressman banks who represents indiana's third district decided to introduce a counter-bill called the "qualified immunity act of 2020."

This comes after a number of police officers in his district shared their concerns of losing their protection.

J: they tell me that if you take away qualified immunity, they would probably get out of the profession all together.

M: he says officers are concerned the criminals they arrest will retaliate by striking up frivolous lawsuits against them.

And they don't want to put their family and finances at risk by having to fight constant court battles.

F: i'm more worried about what happens to the person who is left like richard bailey who's left with a hole in his neck and left to pick up the pieces from that.

M: fatima johnson is a lawyer currently representing lafayette man richard bailey.

He is pursuing a lawsuit against the lafayette police department after accusing three officers of using excessive force with a k-9 during his arrest in may.

F: i know they are not held accountable for their actions because they say they have to make decisions in split seconds.

So do lawyers, so do nurses, so do doctors so do a lot of other people who hold lives in their hand but still have to be accountable to someone.

M: banks says qualified immunity does not protect officers who act outside of policy.

For example the incident with the minneapolis officer who kneeled on george floyd's neck which led to his death during an arrest.

Johnson says the law is still worth reconsidering.

F: what qualified immunity does, whether it meant to our not is give police officers a license to be above the law m: banks says it's just protection for good cops.

J: there's been little evidence that qualified immunity has been abused, i'm open to that conversation but i have yet to be convinced.

M: micah upshaw, news 18.

Banks reports less than 4-percent of lawsuits against police actually use qualified immunity.