Maine could end qualified immunity for law enforcement
Legislators in Maine have joined lawmakers in more than two dozen states and the U.S. Congress in considering ending or limiting qualified immunity, the legal defense often used to shield police officers from lawsuits.
Qualified immunity has no bearing on whether a prosecutor charges a police officer with a crime, but it does impact whether that officer can be sued for civil rights violations. The U.S. Supreme Court created the concept more than 50 years ago to protect government employees from frivolous litigation, but it has expanded in case law over decades. It has come under new scrutiny, especially since the murder of George Floyd in Minneapolis last year, as activists push for greater accountability when police officers use excessive force.
Two bills proposed this year in Maine would address this doctrine in state courts, and the Judiciary Committee heard more than four hours of conflicting testimony on both Thursday. One – L.D. 214 – would eliminate qualified immunity entirely for police officers, sheriffs and other law enforcement officers in Maine. The other – L.D. 1416 – would deny qualified immunity to officers who have received training and work for departments that have use-of-force policies, yet still violate constitutional rights.
“It’s really important for us as a state to work together to improve the qualified immunity standard and have a really serious conversation about when law enforcement officers should or shouldn’t be liable,” said Sen. Anne Carney, a Democrat from Cape Elizabeth and the sponsor of L.D. 1416.
Read more: https://www.pressherald.com/2021/04/29/maine-could-end-qualified-immunity-for-law-enforcement/
(Portland Press Herald)
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