No One is Above the Law: Why New York Must End Qualified Immunity
On July 1, 2024, the U.S. Supreme Court issued a 6-3 decision that threatens the foundations of our democracy, undermining the fundamental principle that no one is above the law. In Trump v. United States, the court ruled that the President “had immunity from criminal prosecution for acts conducted under their core constitutional authority as president.” This dangerous precedent serves as a warning that our democratic institutions are at risk, signaling that the highest office in the land could now operate beyond the reach of accountability.
The Trump v. United States decision underscores a broader issue we face here in New York State: the continued protection of public officials who violate our civil rights through the legal shield of qualified immunity. While the doctrine of qualified immunity applies to civil liability rather than criminal prosecution, it similarly denies individuals the right to seek justice and hold those in power accountable, a reality impacting the most vulnerable New Yorkers. The doctrine of qualified immunity shields public officials from being held personally liable for violating an individual’s civil rights unless the specific right violated was “clearly established” by previous legal precedent. Allowing public officials to escape responsibility undermines the core democratic values that our system of governance relies on – accountability, fairness, and equal treatment under the law.
Consider some of the real-world impacts of qualified immunity in New York: when public officials can escape accountability for violating constitutional rights, not only does this undermine the public’s trust in government, it teaches those officials that constitutional rights are optional. The consequences of this culture of impunity are numerous and, in the cases of wrongful convictions, leads to innocent people spending decades behind bars, or worse, for crimes they did not commit. Nearly half of the more than 350 New York wrongful convictions allege police officer misconduct, from lying under oath to coercing false confessions. Ensuring police accountability is fundamental to preventing wrongful convictions and creating equitable systems of justice for everyone, and ending qualified immunity is a critical step toward providing exonerees with the financial justice they deserve after government officials violated their rights and unjustly took their freedom.
While discussions on qualified immunity typically center on police accountability—a critical aspect—the doctrine’s impact stretches well beyond law enforcement, protecting officials across executive, legislative, and administrative roles.
So, what can we do to address this issue in New York?
New York State has an opportunity to be a leader in restoring public trust and accountability, especially at a time when these principles are being eroded at the federal level. By passing S182-A / A710-A, sponsored by Senator Robert Jackson and Assemblymember Pamela Hunter, the state can eliminate the qualified immunity defense for public officials who violate civil rights, joining Colorado, New Mexico, Montana, and Connecticut in either ending or limiting the qualified immunity defense. This legislation would send a clear message: No one in public office – whether a police officer, administrator, or elected official – is above the law.
This bill encourages government entities to embrace the training, oversight and accountability measures aimed at safeguarding the rights of our most vulnerable communities and curbing the abuse of authority. It is an incentive for agencies to adopt and enforce policies that prevent misconduct, which can ultimately lead to wrongful convictions. These objectives align with the values of safety, justice, and accountability that we should all support.
As lifelong New Yorkers and advocates for social justice causes, one of us serving as a State Senator and the other as a State Policy Advocate for the Innocence Project, we bring both personal and professional perspectives to this issue. As Black individuals, we have seen and felt the deep effects of discrimination, and we understand how qualified immunity denies justice to those whose civil rights are violated, especially in communities of color. Through our experiences, we know that our democratic system of government can only thrive when every individual is treated with the fairness and dignity they deserve.
The urgency of ending qualified immunity is more apparent than ever in light of the recent Trump v. United States decision. However, the Supreme Court’s erosion of justice and accountability is not new. The U.S. Supreme Court first laid the foundation for the qualified immunity defense in its 1967 Pierson v. Ray decision, and over the following decades, this doctrine has been expanded, weakening the protections set forth in the Civil Rights Act of 1871. In a system grounded in checks and balances, it is imperative that when the courts fail to protect our rights, legislators step in.
By eliminating the defense of qualified immunity in New York, we can show the nation that leadership means putting accountability first, not protecting those who hold power. It is time to act, to ensure that no one is above the law. Ending qualified immunity is essential to safeguarding the principles we value most.
