Qualified Immunity and Social Justice: How Protection for Law Enforcement Has Hampered Black Rights

The right to life is the most crucial and essential prerogative that any society could offer its people. This entitlement simply grants a nation’s citizens the ability to live in freedom, equality, and relative safety (Amnesty International). As the most integral part of any society, the right to life is essential to the enjoyment of all other rights and stands as the foundation of any democratic society. Therefore, when a citizen’s right to freedom and equality is threatened, the right to life defends their cause by serving as a reminder that the only qualifying requirement to receive this right is the condition of being human; thus making the insistence upon equal rights in any society valid (Finegan). Additionally, the right to life preserves a person’s life even when threatened by a governing body (CCPR). Despite advancements in civil rights legislation, the judicial courts of America fail to protect all of its citizens from police violence and intimidation, thus failing to protect their right to life. In a world where the struggle to survive is an ever-present obstacle in the lives of many, the governing bodies of the United States must, with due diligence, uphold their citizens’ entitlement to experience life without the threat of intimidating law enforcement.

Black Americans’ lack of faith in law enforcement’s effort to preserve their entitlement to life has garnered national attention across the United States and has led to indignation about the role of “qualified immunity” in the justice system (David B. Owens). Today, justice in the legal system is being averted at the expense of Black Americans’ right to live in freedom and human dignity. Qualified immunity shields law enforcement in civil court when being sued for the use of excessive and unnecessary lethal and nonlethal force (Schweikert). Consequently, this doctrine has become legal protection for law enforcement who abuse their power and authority. The origins of qualified immunity can be traced back to the latter half of the twentieth century. Pierson v Ray (1967) became the precedent for granting qualified immunity to law enforcement when a court ruled against fifteen priests suing for damages after having been arrested for refusing to comply with the laws of segregation (“Pierson v. Ray, 386 US 547 - Supreme Court 1967 - Google Scholar”). Accordingly, the legacy of qualified immunity has indirectly encouraged police brutality against Black Americans, thus undermining their right to life.

In Campbell v City of Springboro (2012) the Sixth Circuit Court declared that the American people had a right to be spared from the excessive use of force by law enforcement (Obasogie and Zaret). However, the verdict of this case has been largely ignored as a result of the protection that law enforcement receives under qualified immunity. For many victims of police violence their “day in court” has been denied due to the development of this legal doctrine which effectively shields police from having to take legal accountability for their use of excessive force against Black civilians. Therefore, by granting police officers this legal immunity it is no surprise that there is a disproportionate relationship between Black victims of police violence and other races (Stinson et al.).

Despite efforts by lawmakers and activists in the Black community, the application of qualified immunity in court proceedings has remained prevalent across the United States (Pramuk). After witnessing the 2020 police brutality protests coupled with the growing police violence against Black Americans, the judicial system, now more than ever, needs to protect Black citizens’ right to life. Black people are more likely to be stopped by law enforcement than any other race; which explains the disproportionate use of force by police officers against the Black community with Black Americans being 21% more likely to experience excessive force by the police (“NACDL - Race and Policing”). Police brutality against Black individuals has been an alarming issue for the majority of American history with police brutality incidents such as the ones against Tamir Rice, George Floyd, and Breonna Taylor being indicators that Black Americans' right to life is vulnerable as well as a pressing issue that needs to be rectified by the law.

The right to life must include freedom from harassment as well as relief from the fear of police brutality and abuse of power. To safeguard the right to life for all Americans, the Supreme Court must revise the present-day qualified immunity doctrine in favor of one that protects Black Americans’ right to sue law enforcement in civil court. This reform would preserve Black Americans’ constitutional right to sue for their civil rights while simultaneously curbing the widening racial disparities in the use of excessive force by the police. The Supreme Court should take inspiration from Colorado whose legislature has made major efforts in protecting their inhabitants against police brutality, concurrently guarding their right to life. In 2020, the state of Colorado signed into state law the “Enhance Law Enforcement Integrity Act” which has been identified as part of the state-wide effort to reform qualified immunity (Walton). This Act not only effectively defends the right to life for all individuals but will strive to keep law enforcement legally accountable for their undertakings. The Supreme Court must review the implications of upholding the legal doctrine of qualified immunity; especially as the threat against Black Americans’ constitutional right to life becomes dire.

Though America has made strives to obtain fair and equal treatment for many of its citizens, due to racism and discrimination, Black Americans' lives are still in jeopardy with every passing day. The legal system cannot be blind anymore and must take notice of the weight that hangs over the lives of Black Americans. The judicial system must do all it can to ensure that the right to life for every American, regardless of race, includes freedom, equality, and safety.

Bibliography

Amnesty International. “Universal Declaration of Human Rights.” Amnesty.org, 2023, www.amnesty.org/en/what-we-do/universal-declaration-of-human-rights/.

CCPR. “OHCHR | General Comment No. 36 on Article 6: Right to Life.” OHCHR, 3 Sept. 2019, www.ohchr.org/en/calls-for-input/general-comment-no-36-article-6-right-life.

David B. Owens, Violence Everywhere: How the Current Spectacle of Black Suffering, Police Violence, and the Violence of Judicial Interpretation Undermine the Rule of Law, 17 STAN. J. C.R. & C.L. 495 (2022), https://digitalcommons.law.uw.edu/faculty-articles/852

Finegan, Tom. The Right to Life in International Human Rights Law. 24 Jan. 2020.

“NACDL - Race and Policing.” NACDL - National Association of Criminal Defense Lawyers, 29 Nov. 2022, www.nacdl.org/Content/Race-and-Policing.

Obasogie, Osagie, and Anna Zaret. Plainly Incompetent: How Qualified Immunity Became an Exculpatory Doctrine of Police Excessive Force. 2022.

“Pierson v. Ray, 386 US 547 - Supreme Court 1967 - Google Scholar.” Google.com, 2023, scholar.google.com/scholar_case?case=4871005922110746242&q=pierson+v+ray&hl=e n&as_sdt=6.

Pramuk, Jacob. “House Progressives Urge Leaders to End Qualified Immunity as Part of Police Reform Plan.” CNBC, 21 May 2021, www.cnbc.com/2021/05/21/police-reform-progressives-urge-end-to-qualified-immunity-i n-george-floyd-bill.html. Accessed 15 Dec. 2023.

Schweikert, Jay. “Qualified Immunity: A Legal, Practical, and Moral Failure.” Cato Institute, 14 Sept. 2020, www.cato.org/policy-analysis/qualified-immunity-legal-practical-moral-failure.

Stinson, Philip Matthew, et al. “Racial Disparities in Police Crime Victimization.” Social Sciences, vol. 10, no. 8, 28 July 2021, p. 287, https://doi.org/10.3390/socsci10080287. Accessed 5 Dec. 2021.

Walton, Tom. “Senate Bill 20-217 Enhance Law Enforcement Integrity Signed into Law | Sutton | Booker.” Suttonbooker.com, suttonbooker.com/2020/07/senate-bill-20-217-enhance-law-enforcement-integrity-signed -into-law/. Accessed 16 Dec. 2023.