President Donald Trump recently called for a new legal shield to “indemnify” the police from any potential legal issues, including potential civil lawsuits, in the wake of nationwide protests calling for police reform. Trump claims that this new measure will protect officers from any civil suits or other legal issues that may arise from their actions. While his intention may be noble, experts say this is already done in most police departments.
For years, police officers have already had a broad level of legal protection from civil lawsuits and disciplinary action. Officer can and do face criminal charges and civil suits for their actions, but it is a rare occurrence. Most of the time, officer immunity will spare them from any potential legal issues.
Indemnity is a blanket term for any form of protection from legal action. This could take the form of insurance, payment, damages, or any other similar form of protection. In most cases, the law already holds that police officers are protected from civil suits and even criminal charges when on the job.
Experts agree that in most cases, police officers are already indemnified from any legal action. So, the president’s appeal for a new legal shield may be all for nothing. Lawsuits against police officers following use of force incidents are typically dismissed through the principle of “qualified immunity,” meaning that the court decides an officer was not liable for their actions as long as they followed official department policy and procedures.
The president’s desire to offer extra legal protection to police officers also has some civil rights activists concerned. They fear that it will continue to prevent citizens from holding officers accountable for unlawful actions. However, experts feel that such a measure won’t have a drastic effect on one’s ability to file a civil lawsuit against a police officer, as officers are already given a high degree of legal protection.
Overall, President Trump’s proposed measure to indemnify police officers may have noble intentions, but it is simply unnecessary. Most police departments already have an extensive level of legal protection fro officers, leaving critics of the measure to question the motivation behind it.
