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LOUISIANA RECORD

Friday, May 3, 2024

Task force finds compromise on law enforcement immunity

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A state task force looking into law enforcement policies and procedures has recommended trimming the qualified immunity defense for law enforcement in cases where a court determines an officer acted improperly. | Unsplash

A state panel taking a closer look at law enforcement practices recently endorsed removing some litigation protections a controversial law afforded law enforcement.

Currently, officers accused in cases where an individual was injured or killed by law enforcement action can claim qualified immunity as a defense, according to coverage by The Advocate. The Police Training, Screening and Deescalation Task Force has recommended that defense be nullified if a court determines an officer acted unreasonably.

This is not the first time the law has been challenged in the Louisiana Legislature, according to The Advocate. However, proponents believe they have built the support they need to get it done.

"We have worked with the stakeholders, including the sheriffs' association and the district attorneys' association," state Rep. Edmond Jordan (D-Baton Rouge) said, according to The Advocate. "I think with all those stakeholders coming to the table, we have a real good chance of passing it this time."

From the other side of the aisle, fellow task force member state Rep. Tony Bacala (R-Prairieville) said that he feels the changes offer a compromise between competing interests. It removes the protection from being used by those who it can be shown didn’t act as they should have, while still shielding law enforcement officers who performed as they should.

"It brings us to a position where most of us could agree," Jordan, a law enforcement veteran, said, according to The Advocate.

The 25-member task force includes lawmakers, representatives of the state attorney general’s office, law professors, defense lawyers and law enforcement representatives, including police chiefs and officials from the Louisiana Fraternal Order of Police, according to The Advocate. They created a number of recommendations to bring before lawmakers when the Legislature begins its next session in April, including curbing “no-knock” warrants, by requiring that those asking for one convince the judge that life is in danger without one.

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