Five years after the death of George Floyd, qualified immunity reform remains stalled. Despite strong public demand and political pressure in 2020, Congress has not passed any federal law to limit the legal shield that often protects police officers from civil lawsuits.
Initially, the national outcry led lawmakers from both parties to consider changes. Activists, scholars, and advocacy groups hoped for momentum. Bills were filed. Protests surged. Yet today, qualified immunity reform is barely on the political agenda.
The legal doctrine, created by the Supreme Court in 1967, allows government officials to avoid lawsuits unless the violation of rights was “clearly established” at the time. For many civil rights plaintiffs, this means their cases are dismissed before reaching trial.
During the summer of 2020, the House passed the George Floyd Justice in Policing Act. That bill included qualified immunity reform, but it failed in the Republican-led Senate. Since then, dozens of court cases asking for review of the doctrine have also been rejected by the Supreme Court.
Critics like Suffolk Law professor Karen Blum say this failure is disheartening. “I was optimistic something would happen,” she said. “But nothing, I mean nothing, has happened.”
Some judges have grown more critical of the doctrine. A few recent rulings show a shift, where courts are more open to denying qualified immunity. In one 2024 case, a Georgia court refused to protect a jail officer after a racially charged inmate attack.
Still, significant change remains unlikely. Many law enforcement organizations support qualified immunity. They argue it protects officers forced to make quick decisions in dangerous situations.
President Donald Trump’s administration has reinforced that support. Last month, he signed an executive order backing legal protections for officers. The order promises to shield law enforcement from personal liability and expand existing safeguards.
At the state level, only a few legislatures have passed laws to bypass qualified immunity. Most efforts have failed under political and legal pressure.
With Congress divided and the courts reluctant to intervene, qualified immunity reform faces a long road ahead.
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