New York City Plans to End Qualified Immunity for Officers
The qualified immunity doctrine is used in state and federal court, so it's unclear how a city can revoke the potential protection it provides to officers.
The City Council of New York is trying to end qualified immunity for law enforcement officers.
Qualified immunity is a doctrine that can lead to the dismissal of a lawsuit against a government official, including a law enforcement officer, if a judge rules the official is qualified under the doctrine and that the cause of action is not clearly established as a rights violation in law.
The qualified immunity doctrine is used in state and federal court, so it's unclear how a city can revoke the potential protection it provides to officers.
A legal expert contacted by POLICE, said in practice plaintiffs could file their suits in state courts within the New York City. The suit could also be filed simultaneously in state and federal court.
In an interview on WNYC's "The Brian Lehrer Show," Mayor Bill DeBlasio stressed that the bill won't have officers personally responsiblem according to ABC.
"It makes it easier if someone has a concern to bring a legal action, but it does not put the individual financial penalty on the officer," the mayor said. "It puts it on the department and the city, and that's what I was comfortable with."
From de Blasio's statement, it sounds like New York City will no longer try to have lawsuits against its officers dismissed under qualified immunity, which could result in many more settlements and judgments.
More Point of Law

Point of Law: The Limits of Electronic Searches
Can an individual be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution? Ultimately, the Ninth Circuit judges wrote, “In the circumstances of this case (United States v. Holcomb, 23-469 (9th Cir. 2025)), respect for the Constitution and the rule of law requires an answer of “no.”
Read More →Trump Issues Order Cutting Federal Funding in Cashless Bail Jurisdictions
<strong>“</strong>Cashless bail policies allow dangerous individuals to immediately return to the streets and further endanger law-abiding, hard-working Americans because they know our laws will not be enforced,” the administration said.
Read More →Justice Department Sues Los Angeles Over Sanctuary Policies
The DOJ said in a press release that the “sanctuary city” policies of the City of Los Angeles are illegal under federal law.
Read More →
Understanding Officer-Created Jeopardy
Officers can be criminally prosecuted for using force when their actions led to escalation during contact with subjects.
Read More →
Point of Law: The Limitations of Search Warrants
In the Tenth Circuit case of Cuervo v. Sorenson, the Court ruled officers cannot deviate from the language of the warrant.
Read More →DOJ Dismisses Consent Decrees Affecting Louisville and Minneapolis Police
The Civil Rights Division will be taking all necessary steps to dismiss the Louisville and Minneapolis lawsuits with prejudice, to close the underlying investigations into the Louisville and Minneapolis police departments.
Read More →New Michigan Bill would Give Officers Civil Immunity in Self-Defense Cases
House Bill 4404 would create a presumption of civil immunity for individuals who are cleared criminally after using force in self-defense, shifting the burden of proof onto plaintiffs.
Read More →Seattle to Pay Police Captain $1 Million to Settle Lawsuit
Seattle police Capt. Eric Greening sued former Chief Adrian Diaz last year alleging that Diaz retaliated when Greening brought up concerns about racial and gender discrimination.
Read More →Washington Agencies Ordered to Not Delete Critical Facebook Contents
Jim Leighty, a local activist, filed two federal lawsuits last year claiming both agencies deleted or hid critical comments he had written below multiple posts, while keeping comments that were pro-police in nature.
Read More →Washington State Attorney General Sues Sheriff for Helping Immigration Enforcement
The lawsuit claims the Adams County Sheriff’s Office has illegally held people in custody based only on their immigration status, helped federal agents question people in custody, and given immigration officials confidential personal information.
Read More →