Qualified Immunity Reform
The growing movement to abolish or reform qualified immunity — where it stands and who's fighting for change.
What It Is
Qualified immunity reform is the movement to modify or eliminate the judicially created doctrine that shields government officials from liability. It spans the political spectrum — from progressive civil rights organizations to libertarian think tanks.
Why It’s Bipartisan
From the left: QI disproportionately harms communities of color and low-income communities by making it impossible to hold officers accountable for violence.
From the right: QI is judge-made law with no basis in the text of § 1983. Conservatives who believe in textualism, originalism, and individual rights have reason to oppose a doctrine the Supreme Court invented out of whole cloth.
From libertarians: QI represents government overreach — the state harming individuals and then invoking its own doctrine to escape accountability.
Legislative Efforts
Federal
- George Floyd Justice in Policing Act — Would have eliminated QI for law enforcement. Passed the House in 2021, failed in the Senate.
- Reforming Qualified Immunity Act — Bipartisan bill to eliminate QI. Introduced multiple times, never passed.
State
Several states have passed their own reforms:
- Colorado (2020) — Eliminated QI in state court for state claims
- New Mexico (2021) — Created a state civil rights act without QI defense
- New York City — Local legislation allowing suits without QI defense
- Connecticut (2020) — Limited QI defense for police officers
Judicial Voices
- Justice Clarence Thomas — Questioned QI’s historical basis in Ziglar v. Abbasi concurrence
- Justice Sonia Sotomayor — Repeatedly dissented from QI grants, calling it a license to “shoot first and think later”
- Multiple circuit judges — Have called on the Supreme Court or Congress to reconsider QI while conceding they’re bound by precedent
Organizations Fighting for Reform
- Institute for Justice — Leading litigation and advocacy against QI
- Cato Institute — Extensive research and amicus briefs
- ACLU — Legislative advocacy and litigation
- NAACP Legal Defense Fund — Civil rights litigation
- Campaign Zero — Police reform advocacy
What You Can Do
- Support state-level QI reform legislation
- Contact your federal representatives about QI reform bills
- Share your story — personal accounts of QI’s impact drive legislative change
- Support organizations litigating and advocating for reform