{"id":7255,"date":"2023-10-26T15:49:06","date_gmt":"2023-10-26T15:49:06","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7255"},"modified":"2026-09-17T07:03:41","modified_gmt":"2026-09-17T14:03:41","slug":"losing-qualified-immunity","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7255","title":{"rendered":"Losing Qualified Immunity"},"content":{"rendered":"

Today’s question is so important.\u00a0 It’s important to every single officer watching my videos and reading my blog.\u00a0 The question is, What happens if we lose qualified immunity?<\/strong><\/p>\n

It’s on your mind, I know it is.\u00a0 And if you’ve already lost qualified immunity in some of the states like Colorado, New York and New Mexico, then what does that mean?<\/p>\n

What is qualified immunity?<\/h2>\n

Okay, let’s just get down to it.\u00a0 What is qualified immunity? Qualified immunity is a judicially created doctrine that protects officers from lawsuits when the issue is not clearly established under the law.\u00a0 In other words, officers oftentimes make decisions in the field, constitutional decisions that are not quite black and white.<\/p>\n

Now, the US Supreme Court has not addressed it, their Circuit Court<\/a> has not addressed it, their state Supreme Court has not addressed this issue.\u00a0 So what are cops supposed to do?\u00a0 Say, \u201cTimeout suspect.\u00a0 Look, I’m going to timeout for a second. I’m gonna go seek judicial approval.\u00a0 But what I’m going to do, and I’ll be back\u2026\u201d \u00a0 No, they can’t do a timeout.<\/p>\n

What are the two questions a court asks?<\/h2>\n

So qualified immunity is there to protect officers (except the blatantly incompetent), from lawsuits against them for situations that are not clearly established under the law.\u00a0 In summary, to qualify for qualified immunity, to get to be immune from a lawsuit, the qualifications are this.\u00a0 Number One, did you even violate the Constitution?\u00a0 That’s one question that the courts can ask.<\/p>\n

Maybe they say,\u00a0 \u201cLook, we know it’s unclear, but we actually find that the officer did the right thing.\u201d\u00a0 So boom, we don’t need qualified immunity.\u00a0 The officer actually was acting in accordance with the Constitution.<\/p>\n

What does clearly established law mean?<\/h2>\n

Number Two, even if the court found that the officer was conducting or doing something that was unconstitutional, the next question is, \u201cWas the law clearly established at the time?\u201d\u00a0 If the law was not clearly established, then it’s not fair to hold the officer liable for money damages, when it’s not even clear that they violated it at the time of the act.<\/p>\n

Which court rulings count as clearly established in your state?<\/h2>\n

So clearly established law comes from, again, the US Supreme Court, and your circuit court, and your state Supreme Court.\u00a0 So for example, if you’re in Texas, and you do something, and the Illinois State Supreme Court has found that what you did violates the Constitution, does that apply to\u00a0 Texas officers?\u00a0 No, that is not going to eliminate qualified immunity for Texas cops.<\/p>\n

Maybe the court in Texas might say, \u201cLooking at this Illinois case; from now on, we’re going to rule that this is unlawful under the Constitution.\u201d\u00a0 So that’s what qualified immunity is.<\/p>\n

What changes if qualified immunity is abolished?<\/h2>\n

Now, if we get rid of qualified immunity, then what happens is, we get rid of the clearly established part.\u00a0 All we have to do now, if we get rid of qualified immunity is simply ask, \u201cDid the officer violate the Constitution even if he or she wasn’t on notice?\u201d\u00a0 The answer is yes, liable.\u00a0 That’s what this is all about.\u00a0 So then, if the officer violates the Constitution, even if he or she wouldn’t have known, they’re liable.<\/p>\n

Now, let’s go to the next step, which is; what is the likely outcome?\u00a0 Okay, so a lot of officers believe that if they get rid of qualified immunity, they could lose their house, they could lose their pension.\u00a0 The good news is; probably not.<\/p>\n

Will officers pay lawsuits out of their own pocket?<\/h2>\n

I know overall, this is a pretty scary thing, but probably not. And here’s why.\u00a0 Because the people passing these laws to get rid of qualified immunity, they don’t want you to pay.\u00a0 Not personally.\u00a0 They want your agency to pay. \u00a0 See, this a money grab, getting rid of qualified immunity.\u00a0 It makes it easier, much easier, to reach into the pockets of the taxpayer.<\/p>\n

That’s a big hurdle for them, right?\u00a0 These people who sue cops have a huge hurdle; qualified immunity.\u00a0 They can’t sue you, if it\u2019s not clearly established.\u00a0 They’re basically making case law.\u00a0 So, at the end of the day, when they go to the legislature and lobby for this, and they have their backroom deals, they’re not saying, \u201cHey, please, please, pretty please<\/p>\n

give us this law to get rid of qualified immunity, and pretty please, let’s have John Doe, the officer, personally liable, because we really want him to pay that million dollar judgment.\u201d<\/p>\n

Many lawsuits, if you’ve lost qualified immunity, are going to be in the hundreds of thousands of dollars in legal fees, damages, and so forth.\u00a0 So do you think officers can afford that?\u00a0 Most cannot, right?\u00a0 I mean, Don Johnson probably has little bit of bread in his pocket.\u00a0 He’s driving around a in Ferrari and stuff.<\/p>\n

But the answer is no, most cops do not have enough money to cover the judgment.<\/p>\n

How much can an officer pay under Colorado SB 217?<\/h2>\n

So these trial lawyers are making sure that in the bill, the taxpayer is ultimately responsible.\u00a0 Let me give you an example: Colorado, SB 217, the bill that got rid of qualified immunity in Colorado.\u00a0 Did you know that it says in there, that even if the officer is found liable, as long as he was not willful,\u00a0 he did not willfully violate anybody’s rights, the taxpayer is on the hook, not the officer.<\/p>\n

Now, it says, \u201cEven if the officer was willful, did willfully violate someone’s rights and should have known that this was a violation; 25,000 dollars.\u201d\u00a0 Is that chump change?\u00a0 No.\u00a0 But that’s not losing your house kind of money.\u00a0 I mean, you could put up a GoFundMe, and you’re probably going to get that. So even in Colorado, the maximum out of pocket expense is $25,000.<\/p>\n

Finally, the officer says, \u2018Okay, so that’s where we’re at. \u00a0 That’s what qualified immunity is; violating the Constitution, it\u2019s clearly established, you should have known better.\u00a0 To get rid of that, all we have to do is find a Constitutional violation, but you’re probably not going to pay.\u201d<\/p>\n

But that’s still not a good thing.\u00a0 At the end of the day, we don’t want officers having a lawsuit in their name and being found liable, because that\u2019s just not good for the taxpayer, that’s not good for the officer\u2019s well-being and mental and physical health, it’s not good for their career.\u00a0 You’re walking around with this black cloud over your head that you violated somebody’s rights.\u00a0 And that’s going to stunt your professional growth.<\/p>\n

Now, the officer says, \u201cWhat are the best strategies to protect ourselves and avoid future lawsuits?\u201d<\/p>\n

How can officers protect themselves from future lawsuits?<\/h2>\n

One is to work in a state that protects officers.<\/strong>\u00a0 I mean, there has to be a repercussion for states like Colorado, hammering their cops for trying to do a thankless job, and then not even getting qualified immunity.\u00a0 There has to be a repercussion to that.<\/p>\n

What that repercussion is, you decide.\u00a0 I just hope that people going into this business of becoming cops, if they have a choice where they can live, my advice is don’t become a cop in a place that doesn’t have your back.\u00a0 It\u2019s just like going into a job and the employer, says, \u201cHey, welcome to this XYZ profession. By the way, if you mess up, we’re gonna throw you to the wolves.\u00a0 Do you want to start on Monday?\u201d\u00a0 I’ll pass!<\/p>\n

Does knowing the law keep you out of a lawsuit?<\/h2>\n

The next thing is, know the law.<\/strong>\u00a0 If you are working in a state like Colorado, New York, and so forth, I’m with you.\u00a0 I know you just can’t pick up and move at the drop of a hat. I understand that. And I’m not saying that you should retire on duty.<\/p>\n

But I am saying that if you’re going to do this job, you\u2019ve got to have a good head on your shoulders,\u00a0 You have to know the law, you have to use good discretion.\u00a0 You can’t just kind of fly by wire or braille anymore.\u00a0 You’ve got to know the law.<\/p>\n

So in order to protect yourself, I’m not going to recommend getting an insurance policy.\u00a0 (Maybe that is what you should do.)\u00a0 But the better recommendation is to know the law, so that you’re not violating people’s rights. You’re not even getting to that qualified immunity question because you’re not violating people’s rights to begin with.\u00a0 Know the law and don\u2019t violate the rights of anyone!\u00a0 We\u2019ll leave it there.<\/p>\n

Now, here’s a plug for my stuff.\u00a0 I have plenty of free classes every single week.\u00a0 I have plenty of videos on YouTube.\u00a0 Watch them.\u00a0 I have plenty of classes in person online, on demand.\u00a0 Take those classes.\u00a0 That’s what I’m contributing to your success.\u00a0 Take other people’s training, don\u2019t just take mine.\u00a0 Take other people’s stuff, because this is too important to try to hopefully be lucky and go through this career.\u00a0 There is no luck anymore.\u00a0 It has to be competence.\u00a0 And that’s what I have for you.<\/p>\n

Also take advantage of me. I am here for your legal survival. I am here to help you learn search and seizure.\u00a0 And if you don’t want to reach out to me and ask me questions, and you do have questions that’s on you.\u00a0 But I’m here for you, paid or not paid.\u00a0 Go to my classes, don’t go to my classes.\u00a0 I’m here for you because I care about your survival.\u00a0 And I don’t want to see you losing your home or anything like that.<\/p>\n

Even if you live in a pro law enforcement place, you’ve got to get your questions answered.\u00a0 All right, great question.\u00a0 I hope you got something out of it.\u00a0 Until next time, my friends, stay safe and keep what you’re up to doing.<\/p>\n

When it comes to law enforcement training, we are the gold standard.<\/p>\n

Visit blue to gold.com<\/a> or call 888-579-7796 to learn more about our training books and free webinars.<\/p>\n

Related from Blue to Gold<\/h2>\n