Qualified Immunity and Police Liability: Rethinking Insurance Costs and Legal Protection in Law Enforcement
Recent debates about qualified immunity in law enforcement have led to a new consideration: if qualified immunity were abolished, how much would insurance for personal liability cost for a police officer to protect himself from potential lawsuits?
The Fallacy of Qualified Immunity
The term 'qualified immunity' is often misunderstood to mean that police are immune from lawsuits. However, this is not entirely accurate. Police officers can and have been sued for their actions, though they do enjoy a level of protection under certain circumstances. The misconception arises from the common belief that having qualified immunity would protect police officers from being sued at all.
Understanding Liability Training
From the very beginning, academy training emphasizes the concept of liability. In fact, 60-75% of the training is dedicated to understanding and preparing for potential legal issues. This education is crucial as it informs officers about the potential consequences of their actions and the importance of following appropriate conduct.
Personal Liability and Academy Instructors
Academy instructors and trainers are not exempt from potential lawsuits. In the event that a recruit they trained later faces a lawsuit, their training records and certifications may be examined. If there was an egregious mistake or oversight, they could be held accountable. This means that instructors are also at risk and may face personal liability.
Supervisors and Command Staff
Supervisors and command staff can be liability targets as well. They could be sued under tort law for failings such as negligent hiring, failure to supervise, or improper retention. These roles carry significant legal risks, which can extend to personal liability.
The Bay of New York Example
In the state of New York, without a repeal of sections 17 and 18 of the Public Officers Law, the answer to the insurance cost question is surprisingly straightforward: not a thing! These statutes guarantee indemnification for state employees (section 17) and local government employees (section 18) if they are sued for actions taken as part of their official duties. This means that if a police officer is sued, the responsibility to pay any compensation falls on the agency, not the individual.
Addressing the Misconceptions
There is a common misunderstanding that the expense of insurance falls on taxpayers for the benefit of police officers. However, when a lawsuit is lost, the officer is still on the hook. The city or municipality, where the liability falls, will pay the judgment. Therefore, the risk does not solely rest with taxpayers; police officers, and even academy instructors and command staff, can also face significant personal financial and professional risks.
Conclusion
The debate over qualified immunity highlights the need for a more nuanced understanding of the legal protections afforded to law enforcement. While it is true that police officers can face costly lawsuits, these risks are not as daunting as may be perceived. By clarifying the role of qualified immunity, liability training, and the indemnification provided by statutes, we can better prepare law enforcement to handle the legal challenges they face.
Ultimately, ensuring the well-being and legal protection of police officers requires a thorough understanding of the legal framework in place. This includes recognizing the importance of liability training from the outset of a police career and being aware of the potential for personal liability, even with the current protections in place.