Abstract
In this Article, we argue that the Bond decision continues a line of judicial decisions that make it difficult for plaintiffs to seek civil redress against officers who cause serious injury or death to private citizens. We note that this judicial trend runs counter to public demand for police accountability and thwarts the legislative intent behind the enactment of 42 U.S.C.A. § 1983. We suggest that police practice, policy, standards and training-not judicial opinions should govern whether officers will be immune from the consequences of their actions, especially in areas where a substantial amount of empirical evidence exists to alert officers to behaviors that unnecessarily cause serious harm. We suggest that when cases involve any of these specific behaviors known to endanger life, that fact should constitute prima facia evidence that qualified immunity will not apply. In addition, we contend that a proportionality analysis is essential to any consideration of qualified immunity. Under this analysis, cases that involve police contact for low-level, non-violent offenses, but that result in serious injury or death to the private citizen, should presumptively exclude officers from making a qualified immunity claim. In light of the U.S. Supreme Court's restrictive rulings that we believe unduly favor the police, we conclude by reporting the actions that states have taken to limit the applicability of qualified immunity within their jurisdictions.
Description
This article is published by Thomson Reuters/West. © 2023 Thomson Reuters/West. Jones-Brown, D., Reck, P., Helfers, R.C. & Fradella, H. F. (2023). A Commentary on Qualified Immunity in the Aftermath of City of Tahlequah v. Bond. Criminal Law Bulletin, 59(5), 637-682.
Publisher
Thomson Reuters/West
Date of publication
2023
Language
english
Persistent identifier
http://hdl.handle.net/10950/4582
Document Type
Article
Recommended Citation
Jones-Brown, Delores; Reck, Paul; Helfers, Richard C.; and Fradella, Henry F., "A Commentary on Qualified Immunity in the Aftermath of City of Tahlequah v. Bond" (2023). Criminal Justice Faculty Publications and Presentations. Paper 4.
http://hdl.handle.net/10950/4582
Publisher Citation
Jones-Brown, D., Reck, P., Helfers, R.C. & Fradella, H. F. (2023). A Commentary on Qualified Immunity in the Aftermath of City of Tahlequah v. Bond. Criminal Law Bulletin, 59(5), 637-682.