Episode #11- Qualified Immunity - Part 2

Episode #11 – Qualified Immunity – Part 2

https://youtu.be/zlC6W5FGGWQ

 

Hello again and Welcome back to Real Talk – Behind the Badge.  I’m Tim, a retired police Detective Sergeant.    Today, we’re going to continue our discussion in Part 2 about a huge, controversial subject, Qualified Immunity.  Part Two is about states and cities that have revoked or limited qualified immunity for police officers, states that have limited immunity and states that have strengthened immunity.  So, let’s get going and you can chime in at the end with your comments.  We encourage everyone to leave a comment!

(10 Sec blank)

 

As of May 2025, several states have taken steps to limit or eliminate qualified immunity for police officers in the context of state law claims, allowing individuals to sue officers for violations of state constitutional or statutory rights without the defense of qualified immunity. However, qualified immunity as a federal doctrine for federal constitutional violations remains intact unless it is altered by the U.S. Supreme Court or Congress.

 

- At least 25 states have considered qualified immunity reform since 2020, but many bills failed due to opposition from police unions and concerns about officer recruitment or financial liability which turned out to be a real reality.

 

States Confirmed with Full Bans on immunity: Colorado, New Mexico, Montana, Nevada (remember, this is for state constitutional claims in state courts).  New Mexico’s new law I find interesting, and we’ll talk about in a moment, as it’s NOT just for police officers!  I would personally recommend anyone wanting a profession in policing to stay completely away from these states!!  Some posts on the internet claim states like California, Illinois, Minnesota, Maine, Oregon, Washington, and others have revoked qualified immunity, but these are not supported by anything I have found and appear inaccurate or speculative.

States with Limited Reform-- Massachusetts & Connecticut (Connecticut allows a good faith defense). I would seriously consider staying away from these two states also.

Local Reform--New York City. Absolutely stay away!!

States that strengthened immunity: Iowa & Arkansas.

 

One of the possible side effects of revoking immunity is that officers will only do what they have to do and no more.  Why would they if it could cause a lawsuit, whether valid or not? Why would an officer put his/her job in jeopardy and put his/her family’s financial future in jeopardy when they didn’t have to? The result of this stupidity by legislators that didn’t give up THEIR qualified immunity will be higher crime rates and fewer arrests.

 

The above reforms apply to **state law claims** (violations of state constitutions or statutes). Qualified immunity still applies to **federal claims** unless the U.S. Supreme Court or Congress acts to abolish it. State laws cannot override federal qualified immunity.

 

Now let’s  talk about each state that has revoked or limited qualified immunity for police officers in state courts, based on my available information:

 

We’ll start with Colorado… that was the first state to fully eliminate qualified immunity for police officers. In June 2020, Colorado passed the Enhance Law Enforcement Integrity Act, (Which is really a misnomer) which allows individuals to sue police officers for violations of the state constitution (e.g., like excessive force) in state court. The law explicitly bans qualified immunity as a defense for officers.  Officers can be held personally liable for up to $25,000 or 5% of any damages. 

This law has been linked to significant concerns among law enforcement, including resignations and retirements.  A Denver Post article from August 2020 reported that nearly 250 law enforcement officers across Colorado resigned or retired in the weeks following the passage of the law.

A 2021 survey of Colorado police chiefs and sheriffs found that 65% of officers who left law enforcement in the past year cited concerns about the qualified immunity ban as one of their "top reasons" for resigning.   By 2021, the news division of Colorado Public  Radio reported that over 2,400 officers quit or were forced out of their positions, while only 1,700 were hired, resulting in a replacement rate of 74%.  Officers cited fears of financial liability, low morale, and the loss of legal protections, with some relocating to states with qualified immunity. Recruitment has also become more challenging, with agencies reporting staffing shortages. I don’t blame these officers at all for quitting or moving to another state.

Hey, Governor Polis, why don’t you give up YOUR immunity!  Now I remember… Laws are for thee, not for me!

 

 

 

 

The next is New Mexico, the second state to ban qualified immunity for state law claims and this one is somewhat interesting. 

In April 2021, New Mexico enacted the **New Mexico Civil Rights Act, which permits lawsuits against government actors, including police, for violations of the state constitution’s bill of rights in state court. The law prohibits the use of qualified immunity as a defense.

Unlike Colorado, New Mexico’s law does not allow individuals to name officers personally in lawsuits; instead, claims are filed against the government entity (state, city, or county), which may then cover damages.

However, the law does not apply to all government actors uniformly, and specific exemptions and limitations exist, particularly for legislators, prosecutors and judges.  (What a surprise!!  Why would a legislature pass a law making themselves liable?  Hell, again, Laws are supposed to be for thee, not for me!)

The Act permits civil actions against "public bodies" and "persons acting on behalf of, under color of or within the course and scope of the authority of a public body" for deprivations of rights, privileges, or immunities secured by the New Mexico Constitution’s Bill of Rights.  Lawsuits are filed against the public body, not individual actors (e.g., police officers, officials). If a court finds a violation, the public body is liable for damages, and individuals are not personally responsible, though the public body may seek indemnification from the actor in certain cases.

The Act does apply to a wide range of executive branch actors, such as: Police Officers, Employees of state agencies, counties, or municipalities (e.g., social workers, prison officials) and those acting under color of state law, like licensing board members or health officials.

 

What I find interesting in New Mexico is the governor is a "person acting on behalf of, under color of, or within the course and scope of the authority of a public body" when performing official duties (e.g., issuing executive orders, enforcing laws, or managing state agencies). Thus, the governor is subject to the Act if their actions violate the New Mexico Constitution’s Bill of Rights.

Potential Violations include:

Policies or actions that discriminate based on race, gender, or other protected characteristics.

Due Process- Actions that deprive individuals of life, liberty, or property without due process (e.g., arbitrary enforcement of executive orders).

Searches and Seizures-   Directing or authorizing unreasonable searches or seizures (e.g., through state police or agency actions).

Free Speech - Suppressing protected speech, such as restricting protests or media access.

 

I’ll bet the governor wasn’t thinking about this when she signed the bill into law!

 

 

Next is Montana.  The state passed legislation allowing civil suits against officers for state constitutional violations without the qualified immunity defense, aligning with Colorado and New Mexico.

 

Last is Nevada.  Similar to Montana, Nevada’s reforms allow individuals to sue officers without the qualified immunity defense,

 

 

5. Connecticut

In 2020, Connecticut passed a law  that limits qualified immunity in state civil claims against police officers.

 The law allows lawsuits for violations of state constitutional rights but permits officers to assert a defense if they had an “objectively good faith belief” that their actions were lawful. This is a partial restriction rather than a complete ban, as the good faith defense can still shield officers in some cases.

 

Massachusetts

Massachusetts passed a 2020 law that limits the applicability of qualified immunity in state civil rights cases (under the Massachusetts Civil Rights Act). A commission can revoke an officer’s certification if they are deemed unfit, at which point they may lose immunity.  This is a limited reform, as immunity is not fully eliminated but conditioned on certification status.

 

New York City (NOT STATE)

In March 2021, the New York City Council amended its administrative code to allow lawsuits against police officers for violations of state constitutional rights, such as unreasonable searches or excessive force, and explicitly barred qualified immunity as a defense.  This applies only to city-level claims, not statewide, and is not a state law.

 

States with Pending or Failed Legislation:

Michigan

A pending bill initially aimed to ban qualified immunity but was amended to allow its use in many instances, so it did not fully eliminate the defense.

 

Illinois

There is a bill to end qualified immunity in state courts, but no comprehensive ban has been enacted as of the latest data.

 

-Minnesota 

Efforts to bypass qualified immunity by allowing lawsuits against government agencies (not just officers) are ongoing, but no full ban has been passed.

 

Ohio

A proposed constitutional amendment to end qualified immunity is under review, and was certified by Ohio Attorney General Dave Yost in April 2025.  Everyone needs to contact their candidates for office

 

There are a couple states that have Strengthened Immunity:

 

Iowa

In 2021, Iowa broadened qualified immunity protections for officers and municipalities, making it harder to sue for rights violations unless the law was “clearly established.”

 

Arkansas

Strengthened qualified immunity for college and university police officers.

 

In closing, I have to ask, why would a police officer want to be employed in one of the states that doesn’t have qualified immunity?  The state sends you into dangerous situations, possibly lethal, and then second guesses you on every move you make.  Even if you do everything right and according to the book, you can still be sued.  The odds are that it will eventually be thrown out, but all you need is some liberal judge who dislikes cops, is soft on crime and you will be put in hell for a long period of time.  Your family and your economic well-being will be affected.  That’s not right and shouldn’t be allowed.

In addition, what will these liberal legislators in these states that have revoked immunity or who are trying to revoke it, who hate cops, try to do next to try to make your life miserable?  Go to a state that respects cops and knows the good they do for society.  Being a cop is tough enough; you need peace of mind where you can get it.

So there you have it!  Make sure to Hit subscribe and share your thoughts.

Please let me know what you think in the comments.  If you are in law enforcement, active or retired, let us know.

For more information and videos, go to realtalkbehindthebadge.com.

You can also view all our podcasts on YouTube, “Real Talk Behind the Badge” as we make them.  If you hit subscribe, you’ll be notified of each podcast.  Please hit the like button also. We’re also on Facebook at Real Talk Behind the Badge.

 Thanks to all our brothers and sisters behind the badge.  I’m Tim and this is Real Talk. 

Signing off until next time.