This bill did not receive a vote.
Qualified immunity is a legal doctrine that can block the public’s ability to hold law enforcement and other government employees accountable for violating their rights. Qualified immunity presents a large legal roadblock that is nearly impossible to overcome in civil court.
This doctrine effectively tells government employees that it’s acceptable to cross legal lines they know they should not since there is a strong chance they will not be held accountable in court. It legalizes injustices against people by their own government, essentially making the court system a shield for the state.
With recently publicized cases of qualified immunity — specifically surrounding the actions of police officers — many people are beginning to recognize the consequences of qualified immunity.
Unfortunately, Utah is considering deviating from this nationwide concern by doubling down on its support for it.
Senate Joint Resolution 4, sponsored by Senator Wayne Harper, would declare the Legislature’s support for the practice of qualified immunity in Utah. This resolution would support continuing to let police officers and other government officials off the hook for harmful actions by affirming the doctrine of qualified immunity “as a vital component of the law.” It also calls upon public officials, including judges, to support this legal protection for government employees.
Not only is this resolution unnecessary, as qualified immunity is already present in Utah, but passing this legislative resolution would send an additional message to Utahns that the government has free will to violate their rights. Justice demands reforming qualified immunity and therefore defeating this resolution.
