A new bipartisan campaign has a simple message for lawmakers hoping to enact criminal justice reform: Hold cops accountable, or your bill is dead on arrival.
That was the argument put forward on Tuesday by Ben Cohen, who, along with his business partner Jerry Greenfield (of Ben & Jerry’s Ice Cream fame) and a cadre of activists, policy experts and artists, last year formed the Campaign to End Qualified Immunity, a group seeking the end the legal doctrine that shields police and other government officials from liability, even in cases that lead to death.
The campaign’s slogan, as articulated by Cohen: “Qualified immunity is unqualified impunity.”
An impossible standard for accountability
Qualified immunity was articulated in its current form by the Supreme Court in 1982, requiring plaintiffs to show a previous case where a court ruled as unconstitutional the specific actions they allege. For those who have been attacked or had loved ones killed by police, even in blatantly unlawful circumstances, qualified immunity often stands in the way of holding those officers accountable in civil suits.
“After 28 years in policing, I can attest to the damage this doctrine has done to the public and public trust,” said Sonia Pruitt, a retired police captain and former chairperson of the National Black Police Association.
Examples of qualified immunity run amok are not limited to excessive force: In recent years, courts have invoked qualified immunity to help police and other government officials evade charges for theft, racial profiling, unlawful detention and violating medical privacy.
A bipartisan group with a grasstop strategy
Along with Cohen, Greenfield, and Pruitt, the Campaign to End Qualified Immunity counts as its allies progressive organizations like the ACLU and NAACP Legal Defense Fund, along with the libertarian Institute for Justice and Cato Institute. On their virtual press conference on Tuesday, the group also welcomed musicians Aloe Blacc and Killer Mike, along with controversial writer and racial justice activist Shaun King.
The campaign is hoping to raise awareness of qualified immunity in popular culture and media, enlisting the help of celebrities and athletes along with other business leaders, with the goal of getting Congress to make ending qualified immunity a key part of any criminal justice reform legislation.
Campaign Director Ed Erikson told Blue Tent that the group will be pursuing a top-to-bottom strategy toward this end, publicizing a new book, podcast and documentary, all including real stories about people impacted by qualified immunity. The campaign is also looking to work with grassroots groups to turn up pressure on lawmakers, while business leaders and advocacy groups will try to bolster the cause at higher levels with lobbying and sign-on letters.
