Why Police Unions Benefit from Insurance
by Jeff Harrison
Police Unions all over America are trusted by their members because they proactively solves problems. They provide legal defense for their members and it’s time to complement legal defense with a Law Enforcement Liability Insurance Policy.
Why Insurance Now?
Over 30 States have passed more than 140 new police oversight and reform laws since May 2020 which have stripped hard-fought protections won over the past 50 years. New York City, Colorado, Connecticut and New Mexico all eliminated Qualified Immunity. Colorado officers are financially liable for 5% up to $25,000. On February 1, 2022, Officer D’Andraia, Brooklyn 73rd Precinct, was required to personally contribute to a $387,000 settlement after shoving a protester at a George Floyd protest in 2020.
Currently, New York has a Bill pending that would create a right to sue when any state or local official violates the federal or state constitution. Similar legislation has been proposed in Vermont, Washington and Wisconsin. Virginia and Maryland are renewing their efforts to pass state-level civil right statutes. Vermont introduced legislation at the beginning of 2022 that would eliminate Qualified Immunity to make officers financially liable for $25,000.
Qualified Immunity Headwinds
Eliminating Qualified Immunity has become a mission for people on both sides of the political aisle. At the Supreme Court, Conservative Justice Clarence Thomas noted, “qualified immunity doctrine appears to stray from the statutory text” and Liberal Justice Sonia Sotomayor said, “Qualified Immunity does not protect an officer who inflicts deadly force on a person who is only a threat to himself.” CATO Institute, Liberitarian think tank, has been pushing to eliminate Qualified Immunity and on the opposite political spectrum the American Civil Liberties Union (ACLU) has as well. The Law Enforcement Action Partnership, a nonprofit group of police, prosecutors and correctional officers wrote a letter to Congress asking to eliminate Qualified Immunity on March 23, 2021. The National Organization of Black Law Enforcement Executives called for an end to Qualified Immunity. Charles Koch, billionaire famous for supporting Conservative issues, is paying USA Today to run weekly opinion stories on eliminating Qualified Immunity for the next two years. The Campaign To End Qualified Immunity was founded by the Co-Founders of Ben & Jerry Ice Cream and has support from 671 Business Leaders and 1,124 Athletes including Tom Brady, Dak Prescott, Drew Brees and Carson Wentz.
Other Organizations Fighting to Eliminate Qualified Immunity
National Police Accountability Project
Institute for Justice
Americans Against Qualified Immunity
Campaign to End Qualified Immunity
Innocence Project
People for the American Way
American Constitution Society
Policy Link
Change.org
Equal Justice Initiative
The Leadership Conference
The Institute for Criminal Justice Training Reform
Mothers Against Police Brutality
End QI NY
Virgin Unite
United Justice Coalition
Ohio Coalition to End Qualified Immunity
Washington Coalition for Police Accountability
Campaign Zero
What is Qualified Immunity?
The word “Qualified” in Qualified Immunity means an officer's actions must “Qualify” for “Immunity”. A law enforcement officer is not granted immunity because they are an officer. Every single law enforcement officer in America can be personally sued if they take away a citizen’s Constitutional Right today. If they are found by a judge and jury to have taken away a citizen’s Constitutional Rights, they will be handed a judgment against them. What has been happening in the past is the officer will hand this judgment to a government official and the taxpayers will pay 100% of the judgment. The change that is sweeping across America is that the individual officer is being required to contribute to a settlement/judgment. Colorado set the precedent of $25,000 and other states are following. Colorado law enforcement officers are actually at less risk than other officers because they have a defined financial cap. Any municipality can stop paying a judgment for an officer found to have taken away a citizen’s Constitutional Rights. The judgment is on the individual officer not the municipality. Municipalities have been voluntarily paying these judgments. Therefore, tomorrow your local politician could decide, “I think my voter’s tax dollars are better spent on schools, roads, parks, or anything else besides judgments on officers that take away my citizens Constitutional Rights.”
Conclusion
Police Union Members rely on their leaders to look out for their best interest in all matters. The amount of change in the law enforcement industry in the past two years has been abrupt and unimaginable. Predicting future changes is impossible. The question is not what will happen in the future. The question is - Are Police Union members better served with a Law Enforcement Liability Insurance Policy or without it?