SJR84

A Joint Resolution urging Congress and the President of the United States to withdraw qualified immunity for law enforcement officers in certain instances.

Whereas, In recent years, public concern over the use of force and other civil rights violations by law enforcement officers in the United States has continued to grow; and

Whereas, The “Civil Rights Act of 1871” grants United States citizens the ability to sue public officials for civil rights violations; and

Whereas, Because prosecutors may be reluctant to charge and juries may be hesitant to convict law enforcement officers of criminal offenses, many times the only remedy for victims to hold law enforcement accountable is through a civil action; and

Whereas, The doctrine of qualified immunity provides law enforcement officers a defense to civil lawsuits when their actions do not violate a “clearly established” statutory or constitutional right; and

Whereas, Qualified immunity, a doctrine with no common law basis, was originally established by the judiciary with the intent to allow law enforcement officers to perform essential duties without the fear of constant frivolous claims for damages, and with the aim of protecting all except those who knowingly violated the law; and

Whereas, The doctrine of qualified immunity has effectively precluded individuals wishing to bring civil charges against law enforcement officers from vindicating their rights by essentially immunizing law enforcement officers from civil suit; and

Whereas, Civil rights organizations, political, and judiciary leaders have spoken out against qualified immunity and called for the doctrine’s abolition; and

Whereas, United States Senators Kamala D. Harris, Edward J. Markey, and Cory Booker introduced a Senate resolution calling for the elimination of qualified immunity for law enforcement officers; and

Whereas, Supreme Court Justices Clarence Thomas, Ruth Bader Ginsburg, and Sonia Sotomayor have recognized that the defense of qualified immunity has no common law basis and have warned that qualified immunity has become an absolute shield for law enforcement; and

Whereas, On June 1, 2020, more than 400 civil rights organizations, including the American Civil Liberties Union, Amnesty International USA, and the National Association for the Advancement of Colored People, sent a letter to congressional leadership urging that they enact meaningful police reform legislation that includes an end to qualified immunity doctrine; and

Whereas, The abolition of the doctrine of qualified immunity for law enforcement officers who violate a federal, state, or local statute or a constitutional right, and those whose conduct can be clearly established as unlawful would be a tremendous step forward in the pursuit of protecting the civil rights of United States citizens; and

Whereas, Abolishing qualified immunity would create a remedy for all civil rights violations by eliminating a barrier that arbitrarily prevents juries from hearing and deciding cases on their merits and also disincentivizing people from abusing their authority as law enforcement officers; now, therefore,

Be It Resolved by the Senate and General Assembly of the State of New Jersey:

1. The Governor and the Legislature of the State of New Jersey urge Congress and the President of the United States to withdraw qualified immunity for law enforcement officers in certain instances.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Office of the President of the United States, the Majority and Minority Leaders of the United State Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress from this State

3. This joint resolution shall take effect immediately.

STATEMENT

This resolution urges Congress and the President of the United States to withdraw qualified immunity for law enforcement officers in certain instances.

In recent years, public concern over the use of force and other civil rights violations by United States law enforcement officers in the United States has continued to grow. While prosecutors may be reluctant to charge and juries may be hesitant to convict law enforcement officers of criminal offenses, the “Civil Rights Act of 1871” grants United States citizens the ability to sue public officials for civil rights violations. The doctrine of qualified immunity provides law enforcement officers a defense to civil lawsuits when their actions do not violate a “clearly established” statutory or constitutional right. Qualified immunity, a doctrine with no common law basis, was originally established by the judiciary with the intent to allow law enforcement officers to perform essential duties without the fear of constant frivolous claims for damages, and with the aim of protecting all except those who knowingly violated the law.

The doctrine of qualified immunity has effectively precluded individuals wishing to bring civil charges against law enforcement officers from vindicating their rights by essentially immunizing law enforcement officers from civil suit. Numerous civil rights organizations, political, and judiciary leaders have spoken out against qualified immunity and called for the doctrine’s abolition. United States Senators Kamala D. Harris, Edward J. Markey, and Cory Booker introduced a Senate resolution calling for the elimination of qualified immunity for law enforcement officers. Supreme Court Justices Clarence Thomas, Ruth Bader Ginsburg, and Sonia Sotomayor have recognized that the defense of qualified immunity has no common law basis and have warned that qualified immunity has become an absolute shield for law enforcement. On June 1, 2020, more than 400 civil rights organizations, including the American Civil Liberties Union, Amnesty International USA, and the National Association for the Advancement of Colored People, sent a letter to congressional leadership urging that they enact meaningful police reform legislation that includes an end to qualified immunity doctrine.

Abolishing qualified immunity would create a remedy for all civil rights violations by eliminating a barrier that arbitrarily prevents juries from hearing and deciding cases on their merits and also disincentivizing people from abusing their authority as law enforcement officers. The abolition of the doctrine of qualified immunity for law enforcement officers in the event they violate a federal, state, or local statute or constitutional right or in the event that their conduct can be clearly established as unlawful would be a tremendous step forward for the civil rights of United States citizens.