Qualified immunity already provides police with broad protection from liability by requiring proof that not only were an individual’s rights violated but whether or not a reasonable officer was aware that their misconduct violated the plaintiff’s rights. Qualified immunity has been described by experienced civil rights litigator and professor of law Alan K. Chen as “one of the most impenetrable barriers to liability for constitutional violations.” According to Professor Chen, “the Court has shaped the doctrine in ways that make it more closely resemble absolute immunity.”
Under the Back the Blue Act, if police can prove that the violation and any injuries or damages inflicted“incurred in the course of, or as a result of, or . . . related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence . . . (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense),” the offending officer would be responsible for out-of-pocket expenses only. The law would also preclude victims from recovering attorneys’ fees.
As the letter explains: