Why Qualified Immunity is a Tough Sell; Keeping Overtime Pay; an Overlooked Police Issue
And change doesn't always happen on our timeline
While shepherding the critical Qualified Immunity Act of 2025 across the finish line this congressional session is indeed possible, it’s not going to be a cake walk. Part of this is because qualified immunity is widely misunderstood, thus making it controversial. Even some well-intentioned lawmakers don’t quite grasp the significance of this doctrine as it applies to the ability of officers to do their jobs in good faith.
It’s why we placed so much emphasis on this bill while lobbying members of Congress during National Police Week. We still are, in fact. (In case you’re wondering, the above picture is of the hall of one of the congressional office buildings.)
With that, I’d like to clarify what qualified immunity is and isn’t. Let me preface this by saying that the following is my own interpretation of qualified immunity. I’m not an attorney or a constitutional scholar. If you’re interested in this topic as it applies to police officers, there are legitimate places to learn more about it.
Aside from the linked articles provided here, you may want to check out this legal sidebar on Congress.gov; as well as this piece by America First Policy Institute, arguing for its necessity.
In short, the Supreme Court is clear about what constitutes qualified immunity.
It protects police officers (and other government officials) from personal liability, unless they knowingly violate a constitutional right.
There’s a lot of confusion and misinformation about this point. Qualified immunity is not a shield that allows police officers to act with impunity. Any officer who crosses legal and constitutional lines -whether maliciously or via gross incompetence- is liable in a court of law.
Ironically, owing to an ideological war on police that has propelled a nationwide staffing shortage, law enforcement agencies have had to lower their hiring standards. This statistically increases the risk of introducing more cops who lack the temperament or skills for the rigors of police work.
What qualified immunity does is allow officers to do their work in good faith, to make those split-second life-saving decisions without fear of being sued into oblivion. Without guaranteed qualified immunity protections, cops would be subject to endless barrages of insubstantial claims.
It’s not hyperbole to say that eradicating qualified immunity protections would essentially be a death knell to policing.
Yet ending these protections for police officers is precisely what some lawmakers would like to achieve. A newly-reintroduced Senate bill (S. 1913) is designed to eradicate qualified immunity protections for any action taken. Also consider that Colorado and New Mexico are two states that have already succeeded in passing bills that limit or eradicate these protections.
It’s why we need to codify qualified immunity (already recognized and upheld by the Supreme Court) into law this session. Depending on what happens in the midterms, we may not have this opportunity again any time soon.
Our citizen lobby week event may be over, but you can still reach out to your federal lawmakers, urging them to support the Qualified Immunity Act of 2025 (S. 122 / H.R. 503).
Officers Should Be Able to Keep All of Their Overtime Pay
I think most of us can agree that we’re overtaxed. It’s why I’m encouraged by a federal bill called the Keep Every Extra Penny Act of 2025 (H.R. 405), introduced by Rep. Russ Fulcher (ID) that would eliminate income tax on overtime pay.
It would apply to all non-exempt workers, including most police officers, who are now often called to work mandatory overtime to fill staffing gaps. As explained in a recent press release for National Police Association:
“Police officers are tireless public servants who already make personal sacrifices to protect and serve. They shouldn’t be penalized financially for working overtime in service to their communities. Allowing officers to keep all of their overtime pay would help morale, aid in recruitment efforts, and incentivize veteran officers to stay on the job longer,”
If you like what you read, would you please urge your own federal representative to support this bill?
An Overlooked Issue in Policing
The longer I unpeel the myriad of issues confronting modern day policing, the more I come to understand just how extensive the damage is, and how much work we have yet ahead of us.
Take a recent report from the New York Post about assaults on NYPD officers having surged 63% over six years, and that it’s a trend experts say is not expected to end any time soon.
So you know, NYPD’s numbers align with national data. Per a recent report from the FBI: “Agencies reported 85,730 officer assaults in 2024 indicating a rate of 13.5 assaults per 100 officers, marking the highest officer assault rate in the past 10 years.”
An unrelenting ideological war on police and the decriminalization of crime has contributed to this scenario.
In response to the New York Post article, John D. Macari, a retired NYPD lieutenant (and newest member of our growing police coalition) shed a new light on this topic that I hadn’t given much thought to previously.
“Historically the overwhelming majority of NYPD cops could be described as amateur hunters tasked with going after professional predators. Today the overwhelming majority of NYPD cops do not even have the mindset that they are hunters and so they are just more prey for predators.” —John D. Macari
This doesn’t exactly instill confidence.
While there are several possible reasons for this dynamic, one is that we inhabit an environment where police agencies have had to lower their hiring standards just to get applicants through the door.
Being a police officer requires a very specific temperament and skill set, and I fear we’re not attracting these people in the numbers we need.
It’s one reason we’re lobbying for critical bills like the Qualified Immunity Act of 2025 and the Police Officer Self-Defense Protection Act. While they’re not a panacea (no bill is), they could very well mark a turning point for law enforcement.
Change Doesn’t Always Occur on Our Personal Timeline
Given the enormity of the problems facing law enforcement, it’s easy to feel overwhelmed and defeated, to just want to throw our hands up.
When I feel discouraged, I remind myself that change isn’t always linear, and that the impacts of one’s advocacy isn’t always obvious or immediate. It can take years to see positive effects.
Given that it took about a decade for law enforcement to get to this point, we can’t expect a full recovery overnight.
We also can’t expect things to change without effort from all of us.
I can’t stress enough that one of the most important things each of us can do is to communicate with our lawmakers. Of course, some legislators have their minds made up and will not listen to us. Others will, though.
A handful of us were able to convince members of Congress about the importance of qualified immunity protections for police officers; and we could accomplish this on a larger scale.
Meaningful change doesn’t always happen on our timeline, and it’s not free from roadblocks and setbacks. Through focus, consistency, and with facts in hand, however, I’m convinced we will reach our goal. Maybe not next week or even next year, but we can get there.
Hang tight.
For the Blue is a solutions-based initiative. I’m just an American patriot asking questions. I don’t work with any political party and I answer to nobody. For me, the health of the nation, due process (including for police officers), the rule of law, and respect for individual liberties, will always transcend party affiliation. I welcome your thoughts, even if you disagree; though personal attacks will be ignored. You can reach me at fortheblue@substack.com.