Should Qualified Immunity for Police Officers Be Reformed?

Last week, we hosted a discussion of a major issue at the forefront of national police reform: whether qualified immunity for police officers should be reformed—and if so, how? Qualified immunity is a defense that government officials—like police officers—can raise in response to civil lawsuits for money damages that are brought for alleged violations of constitutional rights. Under current U.S. Supreme Court precedent, unless an officer violated a “clearly established” law of which a reasonable person would have known—the officer can invoke qualified immunity. National Constitution Center President and CEO Jeffrey Rosen was joined by Gloria Browne-Marshall, professor of constitutional law at John Jay College of Criminal Justice; Leonard Kesten, an attorney who has litigated hundreds of cases involving the application of qualified immunity; and Rafael Mangual, senior fellow and head of research for the Policing and Public Safety Initiative at the Manhattan Institute. The panel unpacked the qualified immunity doctrine, how it plays out in real world cases, and whether it needs reform.

This panel was a partnership with WHYY’s Your Democracy initiative, supported by the Sutherland Family. It was streamed live on October 7, 2021.

Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.