Civil Rights Advocates Demand an End to Qualified Immunity in New York

Read a PDF of our statement here.

(Albany, NY) - Today, civil rights organizations, legal groups, and advocates convened in Albany to demand an end to qualified immunity and call for the passage of Senate Bill S176 and Assembly Bill A1402. If passed into law, these bills would eliminate qualified immunity as a defense in New York State court cases. Qualified immunity is a legal doctrine that shields government officials and denies justice to victims of government misconduct, including victims of law enforcement and prison officials.

The Campaign to End Qualified Immunity in New York launched in 2020 in the wake of the horrifying killings of George Floyd and Breonna Taylor. Now, five years later, as constitutional protections erode at the federal level and the Supreme Court continues expanding qualified immunity, New York must step up to protect its residents' civil rights.

"For too long, this doctrine has told too many New Yorkers that their pain is secondary and their rights negotiable. The time for symbolic concern has passed; the time for action is now," said State Senator Robert Jackson. "I call on my colleagues to stand with the families, advocates, and communities who have carried this fight for years, and vote with urgency to pass the End Qualified Immunity bill. New York should lead with courage, not retreat into excuses. If the law protects power over people, then the law must change. Justice demands nothing less."

"Qualified immunity currently acts as a shield that protects people who abuse power and hampers individual New Yorkers from having their day in court by imposing extraordinary legal hurdles. Ending the doctrine would not only strengthen accountability and protect civil rights, but also improve public trust in lawful, transparent state government and law enforcement," said Assembly Speaker Pro Tempore Pamela Hunter.

"Ending qualified immunity is not the final step, but it is a necessary one if we are serious about justice, transparency, and restoring trust in our systems. Accountability is how we build safer communities-and how we strengthen the relationship between the public and those sworn to serve," said Assemblymember Stefani L. Zinerman.

"Accountability is the foundation of public trust. A1402 ensures that when someone's rights are violated, they have a fair opportunity to seek justice. As a co-sponsor, I support this legislation because it reinforces a simple principle: in New York, no one is above the law, and protecting civil rights must always be a priority. Law enforcement plays a vital role in keeping our communities safe, but that responsibility must be matched with transparency and accountability. This bill is about ensuring that bad actors are not shielded, and that every New Yorker's rights are protected," said Assemblymember Noah Burroughs.

"Ending qualified immunity is a necessary step for accountability and justice. I'm proud to stand with the EndQI coalition and to continue the fight for New Yorkers' civil rights," said Senator Zellnor Myrie.

"Official misconduct has contributed to more than half of New York's 251 exonerations, yet qualified immunity has blocked victims from getting the financial justice they deserve after being wrongfully convicted," said Keli Young, a State Policy Advocate at the Innocence Project. "With constitutional protections eroding at the federal level and Governor Hochul attempting to codify qualified immunity for the first time in state history, New York lawmakers must reject proposals that preserve this barrier and pass S176/A1402. The vast majority of criminal prosecutions happen at the state and local level. New York has both the power and the responsibility to protect its residents' rights."

"Accountability continues to be undercut by qualified immunity in ways that pose significant harm to Black communities. New York has a critical opportunity to address this injustice once and for all," said Kevin Jason, Deputy Director of Strategic Initiatives at the Legal Defense Fund. "It is long overdue for lawmakers in New York state to prioritize justice and eliminate a shield that has long resulted in law enforcement impunity. Qualified immunity must be ended, and we are hopeful that legislators in New York State are up to the task."

"New York has always been a place where people fight back. We will not allow qualified immunity to become the law of this state. When the government moves to protect those who harm our communities rather than the communities themselves, we have an obligation to show up, speak out, and demand better. The Justice League NYC stands firmly with every organizer, every survivor, and every family making their voice heard. This fight is far from over and we are not going anywhere," said Justice League NYC.

"Qualified immunity often acts as a get-out-of-jail-free card for police officers who violate people's constitutional rights," said Medha Raman, Legal Fellow at the New York Civil Liberties Union. "By letting certain police officers off the hook when engaging in misconduct, qualified immunity guts the power of the law, making it virtually impossible to hold officers accountable when they violate the law. New York must stop shielding cops from accountability and end qualified immunity."

"Ending qualified immunity won't stop good officers, it will stop bad behavior. The safety of law enforcement is contingent upon trust from the communities they serve; there can be no trust without accountability and an end to the absolute shield which is qualified immunity. Law enforcement credibility depends on accountability, not immunity. If the law protects power instead of people, it's time to change the law," said Westchester Coalition For Police Reform.

"Qualified immunity has blocked communities across New York from holding public officials accountable when they violate our rights. In New York State prisons, qualified immunity enables a culture of violence and impunity which tragically has led to the death of Robert Brooks and many other people in custody. It's been going on for decades. Passing S176/A1402 would create real consequences for abuse and decrease prison violence. It's a damn shame that we are still fighting for these bills," said VOCAL-NY Community Leader Susan Shervington.

"The time to do the right thing by ALL citizens of NYS is now. A concocted doctrine by the Supreme Court sends the wrong message: that you can get away with anything including murder with no threat of civil consequence. Too many families on all fronts, including our undocumented neighbors, have no hope of escaping the long arm of the law while qualified immunity exists," said Donna Robinson, New York State Jails Justice Network.