Police Accountability in the United States: Qualified Immunity under Scrutiny

Abstract:

This legal article focuses on the doctrine of qualified immunity in the United States and its lead in shaping police accountability. Qualified immunity shields government officials from accountability and civil liability unless they violate the constitutional rights set. This doctrine which was once designed for the protection of officials has become a blanket shield for police misconduct. With the analysis of statutory provisions and Supreme Court Judgements, this legal article evaluates the tensions between protecting law enforcement and safeguarding constitutional rights. It concludes with suggestions for effective reform.

Introduction:

Historical Background

In the year 1967, the United States Supreme Court introduced qualified immunity in Pierson v. Ray in order to shield police enforcement from financial liability. The court ruled that police officers could not be financially responsible if they had acted in good faith and with probable cause in this case. In 1982, the case Harlow v. Fitzgerald revised and expanded qualified immunity. Firstly, by eliminating the requirement from the Pierson case that police officers must have acted in good faith and secondly, by providing them with immunity unless their conduct violated “clearly established law”[1]

Definition Of Qualified Immunity

Qualified immunity can be defined as a legal doctrine established by the Supreme Court which restricts victims of police brutality from holding police officers accountable when they defy an individual’s constitutional rights. This doctrine shields a police officer from being put on trial for unlawful conduct unless the individual suing can prove two things. The first is sufficient evidence that proves the conduct was unlawful. The second is that the police officers should be aware they were breaking the law, which is hard to prove as it needs a similar case to use as a “clearly established” precedent.[2]

Thesis Statement

This legal doctrine which was once created as a means of protection for law enforcement officers from frivolous lawsuits has demonstrably transformed into a pervasive shield for police misconduct in the United States. Severely negating accountability for constitutional rights violations and necessitating urgent legislative reforms to restore public trust and ensure justice.

Legal Article Aims

The aim of this legal article is to help readers understand the definition, impact and background of qualified immunity. Making mention of real life cases in which qualified immunity acted as a shield for law enforcement officers hence, deterring them from taking accountability for their actions and efforts taken by civilians and organisations to end qualified immunity.

Main Body:

Why is this issue significant?

The issue of police brutality in the United States is so significant because it is so prevalent. In fact, there is an estimate of 900 to 1100 people who are shot and killed by the police in the United States each year.[3] And yet, these police officers are not being held accountable due to multiple factors including the main issue of qualified immunity which is acting as a shield for these police officers. From 2005, 98 non- federal law enforcement officers were arrested for fatal on duty shootings. However, only 35 ended in convictions, and even then had their charges dialled down to manslaughter or negligent homicide. With only 3 officers being convicted of murder.[4] What does this show? It shows a pattern of police officers being given a slap on the wrist for their misconduct. It shows how easy it is for a police officer to commit a crime and be protected unfairly.

What was once something designed to protect law enforcement officers, has now become a platform for misconduct and intentional abuse of power. Making the general public more vulnerable and less secure.

Real Life Scenarios Where Qualified Immunity Shielded Police Officers

The cases of George Floyd and Breonna Taylor in 2020 makes qualified immunity come into question. The reason being that both of these cases ended in police-involved deaths and because the police officers who committed these acts were protected under such cause.

In 2020, law enforcement in the United States was responsible for over 1000 deaths, with black individuals like George Floyd and Breonna Taylor making up 24% of those fatalities. These unfortunate events led to Colorado being the first state to abolish qualified immunity and for New York to repeal section 50A which had previously protected law enforcement misconduct records from the public scrutiny.[5]

A new bill supported by a campaign in New York called (bill S182/A710) aims to end qualified immunity and to hold law enforcement officers accountable for their actions.

Media Reports

“Police misconduct has contributed to far too many wrongful convictions, and a disproportionate number involving people of colour. And too many people have been unable to hold police accountable for violating their constitutional rights because of the doctrine of qualified immunity,” said by Keli Young, a state policy advocate at the Innocence Project. “Ending qualified immunity is a critical step toward creating a more just system and providing exonerees with the financial justice they deserve after government officials violated their rights and unjustly took their freedom. As the vast majority of criminal prosecutions take place at the state and local level, the burden of protecting people’s constitutional rights in New York, falls with the New York State legislature and we are calling on them to pass the Bill to End Qualified Immunity (S182/A710).”[6]

These media reports show first-hand how qualified immunity outraged the general public. Many of which saying and emphasizing that removing the legal doctrine would greatly benefit the legal system, hence making it more just and fair.

Costs Of Eliminating Qualified Immunity

Eliminating qualified immunity could lead to a surge in lawsuits against law enforcement and correctional facilities, resulting in significant financial burdens for these agencies and local governments. This is due to increased litigation costs and the need for additional safeguards to prevent lawsuits. The Georgia Interlocal Risk Management Agency (GIRMA) and other associations have voiced concerns about these potential financial implications. Qualified immunity also provides as an essential protection for officers, allowing them to make split second decisions without the constant fear of personal liability. Removing this protection could lead to officer hesitation, a decline in law enforcement recruitment, and increased litigation costs for municipalities.[7]

Way Forward

In states requiring both legislative approval and voter adoption to amend the constitution, success hinges on building a consensus. This involves convincing both the legislators and majority of voters that qualified immunity indeed unfairly hinders accountability. Legislators, as government employees, might not always prioritize the same values as their constituents regarding compensation and deterring constitutional rights violations. In states where legislative support is weak or lacking, citizen initiatives offer a direct route to constitutional amendment. This therefore bypasses the need for legislative approval, placing the amendment on the ballot for voters to decide. An example of a state doing this is Ohio. Lastly, advocates must assess the level of support from legislators, judges and citizens, hence tailoring legal and policy arguments to resonate with the chosen audience.[8]

Conclusion

In conclusion, the issue of addressing police accountability requires a multifaceted approach that confronts the challenges posed by qualified immunity. As demonstrated by the experiences in states like Colorado and New York, legislative reforms and citizen initiatives can play a crucial role in narrowing or eliminating the doctrine. However, the ultimate success of these efforts depends on building broad-based coalitions, raising public awareness, and crafting persuasive legal and policy arguments that resonate with diverse audiences. By pursuing these strategies, advocates can pave the way for a more just and equitable legal system that protects constitutional rights and holds law enforcement officers accountable for their actions.

References/Bibliography:

1. What is qualified immunity? FAQ and impact (2025) Legal Defense Fund. Available at: https://www.naacpldf.org/qualified-immunity/ (Accessed: 26 August 2025).
2. ‘Qualified Immunity’ (Equal Justice Initiative, 31 January 2023) <https://eji.org/issues/qualified-immunity/> accessed 23 August 2025
3. ‘Criminal Justice Fact Sheet’ (NAACP, 4 November 2022) <https://naacp.org/resources/criminal-justice-fact-sheet#:~:text=Police%20Brutality,fatal%2C%20on%2Dduty%20shootings.> accessed 24 August 2025
4. ‘Criminal Justice Fact Sheet’ (NAACP, 4 November 2022) <https://naacp.org/resources/criminal-justice-fact-sheet#:~:text=Police%20Brutality,fatal%2C%20on%2Dduty%20shootings.> accessed 24 August 2025
5. Maule, A. and Young, K. (2025) What you need to know about qualified immunity, Innocence Project. Available at: https://innocenceproject.org/news/what-you-need-to-know-about-qualified-immunity-and-how-it-shields-those-responsible-for-wrongful-convictions/ (Accessed: 26 August 2025).
6. Maule, A. and Young, K. (2025) What you need to know about qualified immunity, Innocence Project. Available at: https://innocenceproject.org/news/what-you-need-to-know-about-qualified-immunity-and-how-it-shields-those-responsible-for-wrongful-convictions/ (Accessed: 26 August 2025).
7. Gildin, G.S. (2024) Paths toward abolishing qualified immunity for violations of state constitutional rights, State Court Report. Available at: https://statecourtreport.org/our-work/analysis-opinion/paths-toward-abolishing-qualified-immunity-violations-state#:~:text=First%2C%20where%20approval%20by%20the,stakes%2C%20however%2C%20are%20universal. (Accessed: 27 August 2025).
8. Cox, R. (2024) The costs of eliminating qualified immunity, Georgia Municipal Association. Available at: https://www.gacities.com/articles/the-costs-of-eliminating-qualified-immunity (Accessed: 27 August 2025).

[1] What is qualified immunity? FAQ and impact (2025) Legal Defense Fund. Available at: https://www.naacpldf.org/qualified-immunity/ (Accessed: 26 August 2025).

[2] ‘Qualified Immunity’ (Equal Justice Initiative, 31 January 2023) <https://eji.org/issues/qualified-immunity/> accessed 23 August 2025

[3] ‘Criminal Justice Fact Sheet’ (NAACP, 4 November 2022) <https://naacp.org/resources/criminal-justice-fact-sheet#:~:text=Police%20Brutality,fatal%2C%20on%2Dduty%20shootings.> accessed 24 August 2025

[4] ‘Criminal Justice Fact Sheet’ (NAACP, 4 November 2022) <https://naacp.org/resources/criminal-justice-fact-sheet#:~:text=Police%20Brutality,fatal%2C%20on%2Dduty%20shootings.> accessed 24 August 2025

[5] Maule, A. and Young, K. (2025) What you need to know about qualified immunity, Innocence Project. Available at: https://innocenceproject.org/news/what-you-need-to-know-about-qualified-immunity-and-how-it-shields-those-responsible-for-wrongful-convictions/ (Accessed: 26 August 2025).

[6] Maule, A. and Young, K. (2025) What you need to know about qualified immunity, Innocence Project. Available at: https://innocenceproject.org/news/what-you-need-to-know-about-qualified-immunity-and-how-it-shields-those-responsible-for-wrongful-convictions/ (Accessed: 26 August 2025).

[7] Cox, R. (2024) The costs of eliminating qualified immunity, Georgia Municipal Association. Available at: https://www.gacities.com/articles/the-costs-of-eliminating-qualified-immunity (Accessed: 27 August 2025).

[8] Gildin, G.S. (2024) Paths toward abolishing qualified immunity for violations of state constitutional rights, State Court Report. Available at: https://statecourtreport.org/our-work/analysis-opinion/paths-toward-abolishing-qualified-immunity-violations-state#:~:text=First%2C%20where%20approval%20by%20the,stakes%2C%20however%2C%20are%20universal. (Accessed: 27 August 2025).