Remarks by Attorney General William P. Barr on October 16, 2020:
The bottom line is that, if we are going to send our police officers into uncertain and potentially fatal encounters, we need to be fair to them in judging their actions.
The absolute worse thing would be to adopt the
radical proposal to eliminate qualified immunity, which protects police
officers from personal liability when they make good-faith errors in enforcing
the law. If an officer knowingly violates someone’s clearly established
rights, personal liability may be appropriate. But qualified immunity
provides breathing space for officers to do their jobs without fear that an
inadvertent or unpredictable error will subject them to financial ruin.
Without qualified immunity individual officers would be deterred from going
into risky situations that are necessary to save lives.
If we wish to minimize excessive-force situations,
the most important step we could take is to re-establish the principle that
there is no valid justification for physically resisting a police
officer. The approach must be “comply first, complain later.” This
will save the lives of officers and of suspects.
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