Qualified Immunity and Police Shootings
The term “qualified immunity” can apply to any government official, but we most often hear it discussed when the topic of police violence comes up. In general, qualified immunity protects a government official from being sued for the actions they take while working in their official capacity. As you may imagine, this can make it hard for victims of police shootings to get justice—which is where our team of police misconduct attorneys can step in to help.
At the Law Offices of Dale K. Galipo, we are committed to helping victims get the justice they deserve after experiencing police brutality. Attorney Dale K. Galipo, founder and principal, has long focused on civil rights in his work. Call us at 818-347-3333 to discuss your case..
Qualified Immunity as it Relates to Police Shootings
The concept of qualified immunity plays a central role in many police shooting cases. Many police misconduct lawyers have come up against the shield of qualified immunity while trying to hold rogue officers accountable for their actions. Officers and the departments that employ them often claim qualified immunity for any and all acts committed by an officer while on the clock; often, it’s as easy as saying that an officer perceived an immediate threat and so their choice to shoot was warranted.
High-profile cases highlight the complexities in these cases and the seemingly endless roadblocks victims and their families face. Even when it seems like an officer’s actions were over the top, unwarranted, or not even related to their work as a police officer, qualified immunity can save them from lawsuits and liability.
Impact on Victims and Their Families
Police misconduct law firms see lots of families who have been devastated by police shootings and departments who claim qualified immunity to shut down potential claims. Being shot is challenging enough; it’s even harder when you have an entire police department claiming that you deserved it. Victims often see their name dragged through the mud, with the public picking through their social media and overall history for anything they can use to justify a police shooting.
On top of that, victims often face an uphill battle when it comes to holding police officers accountable. This isn’t new, as any police misconduct lawyer will tell you; the benefit of the doubt has long been granted to law enforcement and denied to victims, forcing victims to work twice as hard to prove that they’ve been mistreated at the hands of law enforcement.
Legal Debates Surrounding Qualified Immunity
As you may guess, qualified immunity has sparked many legal debates and discussions throughout the years. Those on the side calling to abolish or limit qualified immunity argue that this idea allows bad actors to take advantage of their position and break the law. Those who argue in support of qualified immunity claim that without it, police officers and others in dangerous lines of work will be unable to take action to protect themselves without fear of litigation.
However, even those who are in favor of qualified immunity often agree that it has gone too far. In a growing number of cases throughout California and the country as a whole, qualified immunity is no more than a barrier to accountability. It weakens public belief in the justice system and often victimizes those who have been harmed by police misconduct a second time.
Qualified Immunity in California
In California, Senate Bill 2 (or SB-2) has removed hurdles that made it hard for victims of misconduct to hold their abusers accountable. The act, passed in 2021, made it easier to suspend or decertify police officers who engaged in serious misconduct. It also included a long list of circumstances that bar individuals from becoming police officers. Finally, it removed certain immunity provisions, making it easier for victims of civil rights violations to hold officers accountable with legal claims. Police misconduct attorneys have applauded this huge step, which continues California’s trend of being among the most progressive states in the country when it comes to protecting victims, upholding civil rights, and preventing abuses of power.
Choose the Law Offices of Dale K. Galipo for Your Case
Our police misconduct law firm is here to help you navigate your next steps as you recover from a police shooting. Let’s talk about your legal rights and options now—call us at 818-347-3333 or send us a message online now.
