The Police Officers’ Defense Coalition has announced their support for the Qualified Immunity bill (S.122) introduced by Senator Jim Banks (R-IN), which affects the lives of our law enforcement officers around the country each and every day. Qualified immunity pertains to the protection of law enforcement officers from certain civil suits when the officer in question engages in a duty that must be performed, in the proper method that they have been trained to apply. Police officers go through rigorous education in policy and procedure in order that they fully understand the means to deescalate a harmful situation or interact with a suspect. If he or she follows their training and their judgement, qualified immunity shields these individuals from harassment, liability and being sued in a state court for any loss or harm that they might have caused civilians. 

Because criminal situations do arise that there is no precedent for (which courts fully acknowledge) there is a basic formula for determining the plausibility of a person’s suit against a police officer for damages. The officer has a duty regarding civilians, and if there is negligence in the execution of that particular duty which directly results in a harm to the individual, then this certainly violates an established standard of behavior. But if an officer was simply acting in the way they have been trained and harm still befalls the individual, then he or she is protected from liability in a civil court and can be held accountable in a criminal court. 

Qualified immunity is limited in scope, yet gives police and law enforcement personnel the security to act in the best interest of society as it allows them to do their jobs to the best of their abilities within keeping of training and department standards. As such, this immunity is both just and reasonable, since it balances the understanding that police officers engage in daily potentially dangerous situations, and are expected to act with good judgement and also good intentions of protecting their communities. This does not preclude law enforcement professionals from being held accountable when they exercise their power irresponsibly. However, the distinction between irresponsible and just can be narrow, as scenarios such as this involve split-second decisions in which police officers may fear for their lives and those around them. 

A recent study has revealed that nearly 80% of law enforcement agencies have had difficulty recruiting new hires, as people fear critical liability and the repercussions that this would have on their personal lives and families. It is therefore critical that Congress protects innocent law enforcement officers by making Qualified Immunity a permanent standard, so police officers do not have to hesitate when engaging proactively out of fear for disciplinary actions or frivolous lawsuits. 

This legislation is supported by those that value their law enforcement officers and hope to encourage them in their field, while acknowledging their vital role in the fabric of our society. We should all thoughtfully consider our law enforcement officers as we continue to vote in the future; with the understanding that those that represent us should acknowledge and value the men and women who protect us in order that we live in a safe and secure environment, upheld with dignity and respect for those that put their lives on the line each and every day. 

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