Dear Mr. Hamster:

Thank you for contacting me about S. 492, the Ending Qualified Immunity Act. I always appreciate hearing from Arizonans about issues facing our state and country. It is important that we have conversations about topics that matter to you and your family, and I hope you will continue to reach out to me and share your perspectives and suggestions.

The doctrine of qualified immunity protects public officials from personal liability if they commit constitutional violations under federal law. Qualified immunity does not apply in cases when public officials violate “clearly established” law, which refers to other court cases that involved the same context and conduct as the present dispute. Qualified immunity is sometimes afforded to law enforcement officials who violate federal law in the line of duty. Law enforcement officials have invoked qualified immunity while facing accusations of illegal search and seizure, excessive use of force, perjury, or other violations.

George Floyd was a 46-year-old Black man who died in police custody in Minneapolis, Minnesota on May 25, 2020. Police were initially called to respond to accusations that Mr. Floyd used counterfeit currency to purchase cigarettes. While Mr. Floyd was handcuffed and lying on the street, one police officer, Derek Chauvin, pressed his knee into Mr. Floyd’s neck for eight minutes and 46 seconds as Mr. Floyd repeatedly indicated that he could not breathe. After losing consciousness on the street, Mr. Floyd was transported to a nearby hospital by emergency medical services, where he was pronounced dead. Mr. Chauvin was charged, tried, and convicted of second-degree murder, third-degree murder, and second-degree manslaughter on April 20, 2021. Mr. Chauvin currently awaits sentencing.

After George Floyd’s death, protests and demonstrations erupted throughout Minnesota, and later spread to all 50 states, Washington, DC, and a number of nations around the globe. Protests more broadly focused on the systematic, disproportionate violence exhibited by law enforcement officers against Black Americans. As part of these sustained protests, many are calling on Congress to enact a number of policing reforms, including reforms to the doctrine of qualified immunity. 

Senator Edward Markey (D-MA) introduced S. 492, the Ending Qualified Immunity Act, on March 1, 2021. The bill ends the doctrine of qualified immunity, subjecting public officials to civil liability for actions that violate the constitutional rights of others. Supporters of S.492 argue that qualified immunity shields law enforcement officers from accountability, blocksjustice for victims and their families, and freezes case law by preventing the consideration in court of any case that does not have an identical precedent, reducing the likelihood of accountability for future constitutional violations. Opponents of the legislation maintain that, without qualified immunity, law enforcement officers would be subject to frivolous and expensive lawsuits, thereby discouraging them from effectively performing their duties. S. 492 was referred to the Senate Committee on the Judiciary, where it may be considered.

George Floyd should be alive today. I hope the conclusion to Derek Chauvin’s trial brings some level of healing and solace to George Floyd’s loved ones as we continue working toward a future in which all Americans have equal protection under the law. Too many Americans fear that what happened to George Floyd could also happen to them. Bad police officers make it harder for good police officers to do their jobs safely. I am committed to working across the aisle with my colleagues in the United States Senate to prioritize commonsense policies that ensure all Americans feel safe in their communities and are treated equally under the law. 

Thank you for sharing your view on this issue with me. Please do not hesitate to contact our office with any future questions or comments. Additionally, if you would like to stay connected to our office with the latest news, legislation, and other useful information, please visit our website, sinema.senate.gov.

Sincerely,



Kyrsten Sinema
United States Senator