— CALL TO ACTION —
Tell Congress to OPPOSE any bill or provision that would eliminate
Qualified Immunity
The FOP and virtually every other law enforcement organization in the United States strongly oppose any bill or provision which would eliminate the doctrine of qualified immunity.
Under the doctrine of qualified immunity, government officials who perform discretionary functions are immune from lawsuits unless a plaintiff can show that the official violated criminal or constitutional law that a reasonable person would know. Qualified immunity does not protect an official who breaks the law, but it does protect government officials from being sued while carrying out their professional responsibilities.
This doctrine is especially important to law enforcement officers, who need this protection in order to perform discretionary functions fundamental to law enforcement and public safety. Every single scenario an officer encounters on a daily basis is different and unknown. It is almost impossible for an officer to determine how a legal doctrine will apply to a real-time situation. Thus, unless there is an existing precedent that squarely governs the facts before the officer, he or she needs to be afforded a certain degree of discretion to make split-second decisions in situations that could put lives, including their own, at risk.
We are asking all FOP members to contact their Representatives and Senators and urge them in the strongest possible terms to oppose any bill or provision that would eliminate the established doctrine of qualified immunity.