Speakers advocate for ending qualified immunity during legislative briefing

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Law professors, lawyers, a retired police sergeant and the founders of Ben & Jerry’s ice cream advocated for ending qualified immunity for law enforcement during a legislative briefing on Monday.

The speakers discussed the history of qualified immunity, how it affects officers and the communities they serve and how legislatures can carry out reforms on the state level.

William Baude, a professor at the University of Chicago School of Law, explained the history of qualified immunity through court decisions. He said over the past 50 years, the rulings have built up to be a “huge shield” for law enforcement.

“For the people who have badges and guns and really the ability to violate our rights on a daily basis, they’re supposed to be held at the same legal standards that me and everybody else are,” Baude said. “If anything, they’d be held to a higher standard because they have special responsibility and special training.”

Wisconsin courts have been more aware of their role and pointed to the Legislature’s responsibility to adopt immunity doctrines, Baude said. He called for lawmakers to use their powers to set up a system with incentives and an institution to ensure police obey the law.

Ben Cohen and Jerry Greenfield, the founders of Ben & Jerry’s ice cream, spoke on behalf of the national Campaign to End Qualified Immunity. Cohen said if officers aren’t held accountable, behavior won’t change.

“Ending qualified immunity is not anti-police,” Greenfield said. “It’s pro good policing. It’s about accountability for police and justice for the victims whose Constitutional rights have been violated. The only people qualified immunity helps are bad cops.”

Terry Blevins, a former police sergeant and executive board member of the Law Enforcement Action Partnership, said good officers should welcome proposals seeking to end qualified immunity because they help victims and make the profession more legitimate.

“As a career police officer myself, my job was more difficult because of qualified immunity,” Blevins said. “When courts don’t hold bad officers accountable … it impacts the good officers.”

Jay Schweikert, a research fellow at the Cato Institute, and Anya Bidwell, an attorney at the Institute for Justice Project on Immunity and Accountability, also spoke in favor of ending qualified immunity.

Rep. Jonathan Brostoff, D-Milwaukee, and Sen. LaTonya Johnson, D-Milwaukee, were the hosts of the briefing. A recording can be found on YouTube.