New Yorkers should be able to get justice when public officials violate our rights.
Qualified Immunity prevents that.
Did you know?
An officer can enter your home, steal $225,000 dollars while executing a search warrant and never be held liable in court or have to return a dime.
We all know stealing is wrong. But that doesn’t even get considered in cases like Jesop v Fresno.
The officers were granted qualified immunity and the case was thrown out simply because the victims could not present a prior case in which an officer had stolen $225,000 while executing a search warrant.
What is Qualified Immunity?
A defense for government officials in civil cases
Qualified immunity is a Supreme Court invented doctrine that shields government officials from liability in civil cases. The defense is mainly used by police and correctional officers when faced with lawsuits for civil rights violations. In practice, qualified immunity creates a massive hurdle for victims seeking justice.
An unjust burden on victims
In order to overcome qualified immunity, a person seeking justice must find a prior case where the courts have found the SAME EXACT set of actions by an official unconstitutional. This is called "clearly established law." No previous case? Qualified immunity is granted and officials are let off the hook.
a pass to violate your rights
Even in instances where the courts and other state agencies recognize that an official has in fact violated a person's constitutional rights, the court may still dismiss the case simply because the plaintiff was unable to overcome the hurdle of qualified immunity. This allows officials to violate our rights with impunity.
We're fighting to pass the bill to end qualified Immunity & make NY safer for everyone
Why we like the Bill to End Qualified Immunity
S182 | A710
Introduced by Senator Robert Jackson (NYC) & Assembly Member Pamela Hunter (Syracuse)
A new avenue for justice for victims
When we face abuse at the hands of public officials, we have to take our quest for justice to federal court in what is called a 1983 action.
S182 / A710 would enable New Yorkers whose state or federal constitutional rights have been violated to sue officials in NY State court instead, where the defense of qualified immunity would be prohibited.
Cases decided on the facts and merits
When officials are granted Qualified Immunity, cases are thrown out before they even get to the discovery stage. That leaves many victims without any access to justice.
S182 / A710 would prohibit the use of qualified immunity and incentivize attorneys to take on cases so victims get their day in court and stand a chance to get justice.
