Qualified Immunity Reform Stalls Five Years After George Floyd's Death

WASHINGTON The death of George Floyd in May 2020 ignited a national conversation about police accountability and spurred a cross-ideological push to reform qualified immunity. This legal doctrine protects government officials, including police officers, from liability in civil lawsuits, even when they violate the Constitution, unless that violation was based on clearly established law.

For a brief period, it appeared that significant changes to qualified immunity were possible. Lawmakers from both parties expressed interest in finding a compromise that would balance the need to hold officers accountable with the desire to protect them from frivolous lawsuits. Several states even considered or passed legislation to modify or eliminate qualified immunity within their jurisdictions.

However, the momentum for reform has since faded. Partisan divisions have deepened, and finding common ground on this complex issue has proven difficult. Concerns about the potential impact on law enforcement morale and effectiveness have also played a role in slowing down the reform efforts.

Critics of qualified immunity argue that it shields officers from accountability and makes it difficult for victims of police misconduct to seek justice. They contend that the doctrine creates a culture of impunity and undermines public trust in law enforcement.

Supporters of qualified immunity maintain that it is necessary to protect officers from being unfairly sued for making split-second decisions in dangerous situations. They argue that the doctrine allows officers to do their jobs without fear of constant litigation and that it is essential for maintaining effective policing. The debate continues, but the prospect of federal reform seems distant at this time.