This petition calls for an end to qualified immunity for District of Columbia public officials, particularly officers of the Metropolitan Police Department (MPD). According to Amir Ali and Emily Clark of The Appeal, “under the doctrine of qualified immunity, public officials are held to a much lower standard. They can be held accountable only insofar as they violate rights that are 'clearly established' in light of existing case law.”

This level of permissibility has serious consequences, as evidenced by the way MPD officer Brian Trainer killed an innocent Black man named Terrence Sterling in December of 2016, shooting him in the neck and the back. In the aftermath of this event, the officer evaded severe punishment by settling a civil suit filed by Sterling’s family despite MPD finding his pursuit of Sterling to violate department policy. Further, now ex-officer Trainer escaped judicial accountability too, as the DC US Attorney’s Office refused to press charges on the grounds of “insufficient evidence” to prove his use of excessive force beyond a reasonable doubt. This in turn is likely the result of qualified immunity, as the DC US Attorney’s Office could not cite an explicit legal statute that deemed Trainer’s action to have had the “necessary criminal intent.” Moreover, African-Americans — particularly Black cis and trans women — are disproportionately targeted by encounters with the police and therefore bear the brunt of this law’s consequences, a pressing problem in the District given that African-Americans form the largest share of our population at 46.4% as of 2019.

Qualified immunity creates a legal grey area for public officials, including police officers, and allows them to get away with actions that do not explicitly violate a legal statute or constitutional right. This clear lack of boundaries within the law has allowed countless police officers, such as those involved in Sterling’s case, to overstep the boundaries and civil liberties of innocent Black civilians. Frankly, silence and neutrality in the face of injustice aid the actions of the oppressor. The systemic racism inherent in American police and mass incarceration has been enabled by qualified immunity: police officers are able to evade justice for their crimes. Conversely, Black people must live with the trauma imposed upon them by the legal systems that were supposed to protect their rights.

The District of Columbia is known for being a progressive bastion in the United States, particularly when it comes to free speech and social issues. That being said, recent reports of excessive force used by MPD on peaceful Black Lives Matter protestors — exemplified by the unacceptable incident at 15th & Swann Streets — put that status in doubt and make it clear that there is still a long way to go when it comes to police reform. Thus, this petition strongly urges the proposal a bill that would repeal the District’s qualified immunity provision (D.C. Law § 7–531.09), thus increasing tangible accountability for public officials — including police officers — going forward and ensuring justice for victims of police brutality. 

Link for further involvement + more information: tinyurl.com/endqualifiedimmunitydc