As President Donald Trump recently declared his support for police forces around the U.S., there has been much discussion on the implications of such a move. He regularly tweets his unwavering commitment to protecting those in law enforcement, and he has also vowed to indemnify the police if they are sued for their actions. While the president’s position has caused some controversy, experts say that this kind of indemnification of the police is largely already in practice in most departments in the United States.
In the wake of nationwide social unrest and protests over police violence, President Trump vowed to protect police from any lawsuits they may face in carrying out their duties. Trump promised that they would be indemnified and that he would support law enforcement in all their endeavors. He added that false claims made against police could be subject to monetary penalties.
At the same time, many experts disagree with Trump’s plan and argue that officers are already largely indemnified for their actions. According to most constitutional laws and state statutes, police are granted qualified immunity from lawsuits arising from their performances of official duties. This type of immunity allows police to act without fear of legal repercussions.
Qualified immunity is a judicially-created doctrine that gives government officials legal autonomy from civil lawsuits, except in cases of misconduct, bad faith, or other extraordinary circumstances. A 2004 Supreme Court ruling stated that government officials could not be held liable for constitutional violations unless their conduct violated “clearly established law”.
This provides a wide range of protection for officers. Additionally, in many cases, officers are also protected by the doctrine of governmental immunity, especially when acts of misconduct are committed outside of the scope of their official duties.
Although Trump has expressed his commitment to provide indemnity for police officers, experts say that this is largely unnecessary in many areas. Qualified immunity already largely insulates the police from lawsuits, and any civil claims arising from police actions are often settled outside of court in an effort to avoid litigation and costly litigation fees.
Ultimately, the main issue with Trump’s vow to indemnify the police is that in many parts of the country, it’s already in place. While it is good to have a strong supporter of law enforcement in the White House, it is important to note that it’s not always a necessity to have the president’s backing in order for police officers to be immune from civil lawsuits.