Keeping with the Trump administration’s law-and-order rhetoric, Republicans in the House and Senate recently introduced a bill they’re calling the Back the Blue Act of 2017.
The Senate bill was introduced by John Cornyn (R-Tex.), and is co-sponsored by 15 senators, all Republicans.
The identical House bill was introduced by Ted Poe (R-Tex.), and includes five co-sponsors, also all Republicans. The bill would create new federal crimes, impose federal police over the will of local officials and voters and shield police officers from virtually any civil liability, even in cases of egregious misconduct.
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But perhaps the most disturbing part of the bill is the new restrictions it puts on suing police officers for constitutional violations. As we’ve discussed here several times before, it’s already extremely difficult to even get in front of a jury with a claim against law enforcement, much less win an award. Police officers
are protected by qualified immunity, which requires you to show that not only were your rights violated but also a reasonable police officer should have known that the actions in question were a violation of the Constitution. Under this bill, even if you can show all of
that, if the police can show that the violation and resulting injuries were “incurred in the course of, or as a result of, or . . . related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence . . . (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense),” then the officers are liable only for out-of-pocket expenses. What’s more, the bill would bar plaintiffs from recovering attorneys fees in such cases.
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