Police Reform: Qualified Immunity, Mississippi to South Carolina to SCOTUS

by Javar Juarez

Columbia, S.C. (CUBNSC) - The roots of modern-day policing in the United States can be traced to the formation of "Slave Patrols" in the Carolinas during the early 1700s. These patrols were established with a clear purpose: to instill terror and suppress slave uprisings by capturing and returning runaway slaves to their owners. They employed brutal tactics to maintain control and enforce the desired behavior among slaves.

"I [patroller's name], do swear, that I will as searcher for guns, swords, and other weapons among the slaves in my district, faithfully, and as privately as I can, discharge the trust reposed in me as the law directs to the best of my power. So help me, God." - North Carolina Slave Patrol Oath

These patrols persisted until the Civil War's conclusion and the enactment of the 13th Amendment. Post-war, during the Reconstruction era, the former slave patrols morphed into militia-style groups that continued to oppress freed slaves by enforcing the Black Codes—laws that severely restricted the rights and freedoms of African Americans.

Despite the 1868 ratification of the 14th Amendment, which aimed to abolish these oppressive laws, they were quickly replaced by Jim Crow laws that enforced racial segregation well into the 1960s. Police forces in various municipalities, particularly in the East and Midwest, were instrumental in upholding these laws through severe brutality against African Americans who defied them.

In the late 20th century, the U.S. criminal legal system expanded dramatically, leading to a disproportionate increase in the incarceration of Black Americans. Despite some recent reforms that have somewhat lessened these disparities, the incarceration rates for Black adults in 2020 were still five times higher than for White adults. 

Today, the U.S. is known for its high incarceration rates, high recidivism, and significant incarceration costs, partly due to the proliferation of private, for-profit prisons. These institutions, while potentially cost-effective, have been criticized for leading to increased recidivism and exploiting inmates.

Furthermore, the punitive measures of the criminal justice system have extended into educational systems, manifesting as the "School-to-Prison Pipeline." Policies like zero tolerance in schools have not improved safety but have led to increased suspensions and expulsions, disproportionately affecting students of color and pushing them towards the criminal justice system.

This historical context sets the stage for the debate on Qualified Immunity, a legal doctrine that shields government officials, including police, from lawsuits unless their actions violate "clearly established law." This standard is unreasonably stringent, requiring nearly identical precedent, which effectively protects officials from accountability for misconduct.

Desmond Green Credit: Eric Shelton/Mississippi Today

A recent case in Mississippi highlights the issue. Desmond Green was wrongfully imprisoned based on questionable evidence. When he sued for his unjust treatment, the case was initially dismissed under the pretense of Qualified Immunity. However, a federal judge later ruled that the doctrine had no legal basis, marking a significant step towards accountability.

District Judge Carlton W. Reeves of the United States District Court for the Southern District of Mississippi highlighted in his ruling against qualified immunity the grave injustices faced by Desmond Green. For nearly two years, Green was wrongfully accused of capital murder based on the dubious testimony of a drug-impaired jailhouse informant. Complicit in this miscarriage of justice, a detective manipulated the informant into identifying Green from a photo lineup. The conditions of Green's confinement compounded his ordeal: he was held in a jail plagued by violence, where he was exposed to constant yelling, fighting, and threats, and was deprived of basic comforts such as a mattress or even a sleeping pad, forcing him to sleep on the floor amid rodents and moldy food. Eventually, the informant recanted, leading to the dismissal of the charges. Nonetheless, the nearly two years Green spent incarcerated irrevocably altered his life.

The Ku Klux Klan Act of 1871 allows for lawsuits against government officials for civil rights violations. However, Qualified Immunity, developed from this act, has been defended under several myths, including the false claim that abolishing it would lead to financial ruin for individual officers. In reality, officers are usually indemnified by their employers, meaning they face no personal financial risk.

The persistence of Qualified Immunity not only obstructs justice but also undermines public trust in law enforcement, perpetuating a cycle of unaccountability and violence, particularly against Black and Brown communities. It is crucial, therefore, to challenge and ultimately end this doctrine to pave the way for genuine accountability and a more just society.

Tragically, the incidence of fatal police shootings in the United States continues to rise, with 178 civilians shot, including 32 Black individuals, as of March 5, 2024. The previous year witnessed 1,163 such incidents. Furthermore, from 2015 to March 2024, the rate of fatal police shootings among Black Americans was disproportionately high, at 6 per million of the population annually, far exceeding that of any other ethnicity.

The Black community continues to grapple with the aftermath of George Floyd's death. Recently, members of Floyd's family joined the Congressional Black Caucus to support the reintroduction of the George Floyd Justice in Policing Act, spearheaded by Texas Representative Sheila Jackson Lee. This legislation aims to implement stringent reforms to curb police misconduct and enhance accountability.

Philonise Floyd, George Floyd’s brother, expressed his exasperation to CBS News, "We want this law to be passed, period. We have been advocating for this since my brother was tragically killed in 2020. I addressed Congress the day after his funeral. Despite repeated promises, no significant action has been taken."

Credit: Elizabeth Franz/Reuters; Getty. Left to Right Sen. Cory Booker (D), Sen. Tim Scott (R). 

Prior to the shift in majority, the House of Representatives passed the George Floyd Justice in Policing Act twice under Democratic leadership, in 2020 and 2021. The bill sought to limit qualified immunity for police officers, prevent racial profiling, and curtail the use of excessive force. However, the bill stalled in the Senate after bipartisan negotiations faltered, mainly over disagreements on proposals to ban chokeholds, no-knock warrants, and to broaden federal data collection, between New Jersey Democrat Senator Cory Booker and South Carolina Republican Senator Tim Scott. 

It is certain that the Mississippi case will lead to an appeal of Judge Carlton Reeves' ruling. Given the ongoing dynamics in the United States Supreme Lead time, it is difficult to envision a pathway that benefits Black individuals amid such oppression. The Supreme Court is perceived as radicalized and is not generally regarded by the American public as fair or impartial. This case is expected to reach the Supreme Court, supported by well-funded and equally radical police fraternal order groups and their sympathizers.

#CUBNSC #QualifiedImmunity #Mississippi #SouthCarolina #TimScott #CoreyBooker #GeorgeFloyd #PoliceReform #EndQualifiedImmunity #EndBlackGenocide #Crime #School-to-Prison

Work Cited: 

DocumentCloud. "Green v. Thomas." https://s3.documentcloud.org/documents/24674613/green-v-thomas.pdf

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