Top law enforcement officials from five counties say congressional proposals to change qualified immunity protections for police are unnecessary because existing laws already hold them accountable for illegal acts and could ultimately lead to municipal bankruptcies.
âIn a press release, Oakland County Sheriff Michael Bouchard said deputies and police officers are not immune from prosecution or civil liability when they act outside the scope of existing laws, policy, training or protocols. He said the belief that law enforcement is immune from criminal prosecution or civil action is not true.
According to Cornell Law School, cornell.edu, qualified immunity is a type of legal immunity. “Qualified immunity balances two important interests the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan.
Detroit area police leaders denounce efforts to ban qualified immunity
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Pontiac Law enforcement leaders from across southeast Michigan gathered Wednesday at the Oakland County Sheriff’s Office to speak out against proposals to do away with qualified immunity for police officers.
“There is a huge misunderstanding in Congress and by the public,” said Oakland County Sheriff Michael Bouchard, who hosted the event. “We aren’t saying that officers shouldn’t be held accountable criminally or even civil damages for not doing their job properly … but when all the proper procedures and best practices are being followed everything is being done right (qualified immunity) should apply.