Tort policy isn’t the problem

The idea that the "expansion" of qualified immunity for peace officers in civil rights cases, including those involving the use of force, can only encourage law enforcement to shoot first and ask questions later," is simply fanciful. ["The qualified immunity dilemma," Aug. 27, 2019]. The notion that peace officers, confronted with deadly situations in the field, deadly both as to them and the citizens they are charged to protect, calculate their tort liability before deploying force ignores reality. That peace officer is thinking about one thing, and one thing only, going home in one piece. Much can be done in training, standards and practices to de-escalate the violence, but blaming tort policy is hardly the answer.

-- Gary Schons

Of Counsel

Best Best & Krieger