An open letter to the U.S. Senate

Ending Qualified Immunity Act

3 so far! Help us get to 5 signers!

I'm writing to ask that you support the "Ending Qualified Immunity Act" introduced by Mr. Markey. (ALB20907). Two examples of why qualified immunity should be ended. In February, the 5th Circuit U.S. Court of Appeals held that a prison guard in Texas who pepper-sprayed an inmate in his locked cell “for no reason” did not violate clearly established law because similar cited cases involved guards who had hit and tased inmates "for no reason", rather than pepper-spraying them (USA Today). The full report notes that if the victim was punched or hit by a baton "for no reason" the assault would violate clearly established law. Another example is the story of Malaika Brooks, a black woman who was seven months pregnant and pulled over for speeding while dropping her 11-year-old off at school. She refused to sign the speeding ticket (mistakenly thinking it was an acknowledgment of guilt). She was then tased three times, dragged into the street, pressed facedown into the ground, and cuffed. Although the judges saw that her constitutional rights were violated, they dismissed the case, arguing that "no precedent had 'clearly established' that tasing a woman in Ms. Brooks’s circumstances was unconstitutional at the time". How can we hold law-enforcement accountable if their specific violations haven't been held accountable in the past? Please support this bill.

▶ Created on July 7, 2020 by Leia

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