MDarnall and Steve,
Really interesting idea. I like the way MDarnall writes up the proposal. Here are my thoughts:
- The cost shifting, in my opinion, doesn’t really make much of a change and doesn’t impact the core problem with Qualified Immunity. While you can make officers buy their own insurance, between the police union, salary adjustments, and expense allowance, the funds would just be moved around and it would be a net wash for the officers.
- I am not sure this proposal really addresses the bigger issue with Qualified Immunity. While it is used to defend against Civil Rights violation cases, the vast majority of Qualified Immunity defense covers a whole slew of misconducts, errors of commission and omission, concealing or planting evidence, lack of disclosures, and plain old corruption. The vast majority of these cases never see the light of day. And if a savvy (and usually well-paid) defense attorney manages to catch one of these, and has the enough of the client’s money to press the issue, the best outcome is their client gets off (but this is not guaranteed), and law enforcement gets a stern comment from the judge, but nothings ever happens because of Qualified Immunity protection. Most Civil Right cases involve minorities and physical harm. But the vast majority of Qualified Immunity defenses doesn’t involve physical harm. It involves stuff that is done quietly and is not visible to the public.
I would be interest in sharing more of my thoughts on addressing the Qualified Immunity Reform. Since both of you have an interest in Justice Reform, I would invite you to read my Justice Reform proposal, Workers’ Indemnity and Guaranty Plans. Justice Reform: WORKERS’ INDEMNITY AND GUARANTY PLAN
I would welcome your support, like and vote, and/or reply with questions and/or comments on how it could be improved.