Qualified Immunity In Maryland And Police Misconduct

Excessive force, wrongful arrest, and unlawful searches are examples of police misconduct. When these occur, an individual may assume they can immediately pursue legal action. Yet for some, the doctrine of qualified immunity stands in the way.

Understanding what qualified immunity is, how it impacts misconduct cases, and how Maryland law is evolving on this issue is essential for anyone seeking justice. After an encounter with law enforcement, connect with a Baltimore police misconduct lawyer to discuss paths forward.

How Qualified Immunity Affects Police Misconduct Cases

Qualified immunity is a legal doctrine created by federal courts. It protects government officials, including police officers, from being personally sued for actions performed in the course of their duties. This protection is in place unless their conduct violated a clearly established constitutional right.

The rationale behind this legal shield is to allow officers to perform their jobs without constant fear of lawsuits. While this is known, it has also been widely criticized for making it extremely difficult to hold officers accountable, even in cases involving obvious misconduct.

In practice, qualified immunity creates a major obstacle for victims of police misconduct. To overcome it in legal environments, the injured person must not only prove that their rights were violated, but also that a previous court decision had already declared the specific type of misconduct unconstitutional.

So, unless there is a nearly identical case already on the books, a judge may dismiss the lawsuit. The standard is so strict that even egregious abuses can go unpunished under qualified immunity. This has been seen in situations where there is no previous case addressed that exactly fits the same scenario.

Developments in Maryland Law

Maryland has taken significant steps to reduce the impact of qualified immunity at the state level. For instance, the Maryland General Assembly passed the Maryland Police Accountability Act, which includes provisions that allow individuals to sue police officers in state court for violations of rights. Under this law:

• Victims of police misconduct can bring lawsuits for damages in state court.
• Officers can be held personally liable for up to $25,000 if they acted in bad faith or with gross negligence.
• Police departments cannot automatically shield officers from accountability by invoking qualified immunity.

This shift represents a major development for Maryland residents, making it easier for victims to seek justice and compensation when their rights are violated by law enforcement.

At the federal level, qualified immunity remains a contentious issue. There has been proposed legislation to eliminate qualified immunity for law enforcement, but the bill has stalled in Congress. As a result, unless further reforms are enacted, qualified immunity continues to protect officers in federal lawsuits. At least for the time being.

While qualified immunity can be a barrier, Maryland’s new laws have opened doors to accountability. If you believe your rights have been violated, contact a Baltimore police misconduct lawyer to discuss your options.

Do you want to learn more about your rights under state and federal law? Talk to the attorneys at Iamele & Iamele, LLP. Experts are available to help. Contact us to book a confidential appointment.