house resolution no.128
Reps. Steckloff, Yancey, Aiyash, Hood, Scott, O'Neal, Stone, Neeley, Hertel, Sowerby, Brixie, Brabec, Brenda Carter, Thanedar, Weiss, Rabhi, Young and Jones offered the following resolution:
Whereas, The United States Constitution guarantees the rights of Americans to due process, equal protection under the law, protection from unreasonable searches and seizures, and petitioning the government for the redress of grievances; and
Whereas, To protect citizens from government officials, including police officers, who violate these rights, Congress authorized individuals to sue state officials who have violated their civil rights, as codified in 42 USC 1983; and
Whereas, Public outcry has arisen in every state in the nation over incidents in which police have injured or killed people, especially people of color, in situations where force does not appear justified; and
Whereas, Police brutality, including excessive and unreasonable use of force, possibly causing injury or death, violates an individual's constitutional rights. Section 1983 provides an avenue for relief to victims whose constitutional rights have been violated by a law enforcement officer; and
Whereas, The current wording of Section 1983 is susceptible to the judicial interpretation that plaintiffs must demonstrate that a "clearly established" constitutional right has been violated, requiring a victim to identify court cases with nearly identical facts in which a police practice was determined to be a constitutional violation. If a victim cannot meet this burden, the officer receives "qualified immunity", a judicially created doctrine that protects government employees while depriving victims of compensation for the violation of their rights; and
Whereas, Qualified immunity protects abusive law enforcement officers from any legal repercussions resulting from inappropriate and extreme violence against civilians, reinforcing patterns of institutionalized racism and undermining public confidence in the rule of law. Many Americans believe that justice for victims of police abuses and accountability for police officers is not available through the courts because of the doctrine of qualified immunity, leading to civil unrest; and
Whereas, H.R. 1470, the Ending Qualified Immunity Act, was introduced in the United States Congress in March 2021. This act would eliminate the defense of qualified immunity in civil actions for deprivation of rights; now, therefore, be it
Resolved by the House of Representatives, That we urge the Congress of the United States to abolish qualified immunity for law enforcement officers under 42 USC 1983 to reduce the burden on plaintiffs in cases against law enforcement officers who have violated an individual’s constitutional rights; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, members of the Michigan congressional delegation, and the justices of the Supreme Court of the United States.