In Virginia, the law states that “Neither the Commonwealth…, nor federal agencies..., except in cases of willful misconduct,... engaged in any emergency services activities, while complying with or attempting to comply with… any rule, regulation, or executive order… shall be liable for the death of, or any injury to, persons or damage to property as a result of such activities.” This law protects federal officers from taking responsibility for violating a person’s rights.
The reason why this law is so important to talk about is because of these four U’s: It is Unfair, makes officers Unaccountable, it is Unjustifiable, and, most importantly, it is Unlawful.
Qualified Immunity is an unfair law in the Virginia government because it does not compensate people who were affected by an officer’s actions. When a law enforcement official infringes upon someone’s civil rights, the person affected by the official’s actions should be reimbursed for what they had to endure. However, because of Qualified Immunity, this is not the case.
Qualified Immunity is unaccountable because law enforcers of every level are unable to properly teach officers who have violated people’s rights. Qualified Immunity makes it almost impossible to charge or convict an officer who has violated a person’s rights while on duty. In most cases, the only way to get reparations from what has happened is to sue an officer, but even then, qualified immunity protects officers from lawsuits, even if a court finds that the officer has violated a person’s constitutional rights.
Qualified Immunity is unjustifiable because of its roots. The law is based on a historical rationale that no longer holds up in today’s world. No other law in our country’s legislature supports or mentions this concept. The amount of ambiguity in the law also gives leeway for officials to do as they feel without worrying about the consequences of their actions.
Qualified Immunity is unlawful because it protects certain people, specifically government officers, from any consequences once they break another’s civil rights. “Section 1983” specifically states that any person, no matter their occupation, should be held accountable if they violate another person’s rights. Qualified Immunity directly breaks this law, which is very important to every citizen’s civil rights.
Because of these four U’s, Qualified Immunity is an unjust law that must be reformed.
To take action, here is a link:
https://nextgenamerica.org/act/end-qualified-immunity/
Click the button to call your congressional representatives to make a statement on qualified immunity. Share to your friends and family, let’s end qualified immunity together.
Sources:
https://law.lis.virginia.gov/vacode/title44/chapter3.2/section44-146.23/
https://www.unlawfulshield.com/2018/07/the-basics-of-qualified-immunity/
The Basics of Qualified Immunity: The Four U's – Unlawful Shield
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