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By: Elizabeth Guerrero
Qualified immunity is a form of legal immunity posed to protect government officials from any lawsuits that claim a violation of human rights. It was established in 1982 by the Supreme Court, however over time it has become clear that it is an unjust abuse of power.
One of the most common examples of this type of abuse is mistreatment at the hands of the police. BIPOC face the greatest danger, they are statistically more likely to face police brutality than White people. 1 of every 1000 Black men run the risk of being killed by the police. This means that hundreds of thousands of people are unable to have trust in a system that should provide them peace and comfort. Even worse, if any person of color dies at the hands of the police, there is a great chance that their killers will not be held accountable.
Unfortunately, this is nothing new for BIPOC communities. Recent tragedies such as the murders of George Floyd and Breonna Taylor have brought forward attention to the abuse that POC face. A system had been made to tear them down. Qualified immunity is only one small aspect of everything that is wrong with the justice system. It has been more than a year since Breonna Taylor’s death and while an officer has already been charged for endangering a neighbor whose apartment was hit, no one has been charged for the actions that led to Taylor’s passing. POC, predominately Black individuals are battling against a structure that is only changing to protect and promote the side that is doing all the harm.
This is an issue that targets BIPOC youth as well. Qualified immunity applies to all government officials, including teachers. We have already seen the effects of discrimination and segregation inside of schools. Just recently, the education board in Georgia has passed a resolution to control what students are taught. One primary remark was that students should be taught that slavery and racism are “authentic founding principles” of this country. It is a resolution that will excuse the discrimination many BIPOC students face on the daily. Teachers who take advantage of such rules are protected by qualified immunity meaning that a parent who decides to file a lawsuit will often make no progress to account for the suffering of their child under the supervision of the school. Ending qualified immunity will be a grand step towards keeping government officials and especially police officers responsible.
“Injustice anywhere is a threat to justice everywhere.”
-Martin Luther King, Jr.