New Hampshire HB 1640
Creates civil rights cause of action and eliminates qualified immunity as well as common law immunities.
2024: Expanding Accountability
Smith v. Agdeppa et. al.
The issue on appeal in Smith v. Agdeppa et. al. is whether the duty to provide a warning before using deadly force was clearly established in the 9th Circuit. This brief discusses the flawed foundations of Qualified Immunity in relation to this question.
Michael Brown and Lezley McSpadden v. United States of America
Petitioners are seeking an adjustment to the current standards federal courts use to assess civil claims for civil rights violations. Under Section 1983, courts analyze excessive force claims arising out of arrests, stops, and other seizures of individuals at liberty under the Fourth Amendment.
Hopson v. Alexander et. al.
An out of uniform detective in an unmarked car decided DeJuan Hopson was planning to commit an armed robbery of a gas station after watching him sit in a car talking with his friend in the parking lot. The detective was baselessly convinced that Mr. Hopson was preparing to the rob the store even though he had watched Mr. Hopson and his friend for over 15 minutes and did not see them engage in any conduct that would suggest they were preparing to commit a robbery. Following his lengthy observation, the detective and several other officers violently extracted Mr.
Harris v. City of Newark
Harris v. City of Newark is a New Jersey Civil Rights Act (NJCRA) case that asks whether a defendant is entitled to pursue an interlocutory appeal on a qualified immunity denial in civil rights cases brought under the NJCRA.
Removing Hate From Policing: A Practical Guide For Law Enforcement Agencies
The prevalence of hate group affiliations in police departments has been well-documented by research organizations and governmental agencies for years. Despite knowledge of this persistent threat growing within their ranks, police departments continue to hire officers without conducting thorough checks for ties to hate groups, fail to create policies that prohibit officers from affiliating with hate groups, and only discipline or terminate officers if their affiliation with a hate group becomes public.
Law Enforcement Bill of Rights Statutes: How State Law Limitations Contribute to Police Harm and Community Distrust
Law enforcement bill of rights (LEOBR) laws provide officers with a robust set of procedural and substantive protections that undermine effective investigations and block meaningful discipline. LEOBR laws also interfere with attempts to hold police officers accountable through civil rights lawsuits and public pressure. Twenty-two states have LEOBR laws on the books. These protections were created by state lawmakers and can be repealed through the state legislative process.
Expanding Pathways to Accountability: State Legislative Options to Remove the Barrier of Qualified Immunity
In federal litigation, the judge-made doctrine of qualified immunity shields officers from liability in lawsuits alleging constitutional violations because courts often require a plaintiff to point to a factually identical prior case.While there are many police accountability mechanisms in need of change, ensuring officers at least face civil liability for misconduct is critical to any reform effort. Lawsuits alone cannot end problematic policing tactics, eliminate racial bias in law enforcement agencies, or bring peace to the grieving families who lost a loved one to police violence.