Governmental Immunity on the Ballot
As the presidential campaigns heat up, political and legal issues alike move to center stage. One of the biggest legal issues that is fighting for center stage is something called “qualified immunity.” In Iowa, the concept of immunity has been focused on the issues surrounding former President Donald Trump and his request for immunity from federal prosecution. However, this concept of “qualified immunity” is something that has been gaining a lot of traction among other states, including debates in Indiana and New York. So, the question remains, what is “qualified immunity” and what does it mean for you?
Qualified immunity is a rule that protects government workers, like police officers and other government employees, from being personally sued for their actions on the job. Those in favor of keeping these protections say it allows them to do their jobs without worrying about being sued. Those against immunity, however, say that it allows them to do bad things without answering for their actions.
In Ohio, a group called The Ohio Coalition to End Qualified Immunity tried to get rid of this rule by putting it to a vote in 2021. They wanted to change Ohio’s constitution to get rid of immunity altogether and hold the individual wrongdoers accountable. Despite their repeated efforts, their petition was rejected by the Attorney General’s office eight times. The reasons for the rejection have been based on problems with the wording and a dedicated point to ensure the proposal follows the necessary legal guidelines and that the language of the proposed amendment to the Ohio Constitution fairly and accurately reflects the nature and scope of the proposed amendment. This is important as changes to a constitution not only change the legal atmosphere but also change the fundamental rights, privileges, and protections of all citizens.
One person who is against qualified immunity is Ven Johnson, a lawyer from Detroit. He won a big case in 2022, where a man was tased in a police chase for panhandling and broke his neck from the fall. A federal jury found in favor of this man, but this is not the normal outcome. In the year before this decision, the United States Supreme Court overturned lower court decisions and upheld immunity for the officers involved in those cases.
Despite police officers and law enforcement being at center stage in the news, this immunity applies to any and all government workers. For example, in Michigan, a court found that a school district and its employees were immune from being sued in a school shooting case. Another example of those who are protected are EMTs. In Michigan, a woman was pronounced dead by EMTs and after being taken to the morgue, she was found alive and gasping for air by the embalmer. A federal court in Michigan found that the EMTs were entitled to immunity and were unable to be sued.
Legal immunity comes from an old English law that said “kings could do no wrong”, and therefore a king cannot be sued. No matter what side of the political spectrum one falls on, immunity can greatly impact your legal case and personal life. While Ohio continues to go back and forth on this issue, the future of immunity remains unclear. But, whatever the future holds, if you were injured by a government worker, please contact our office and we will be happy to speak with you.
