by Michael Richards
When looking at the major systemic changes that need to take place in our Washington State courts, there are far more than one can cover in just one article. But there is a particular act currently being consulted by Washington State representative My-Linh Thai that deserves the spotlight. Backed by Representatives Thai, Davis, Bateman, Ramos, Kloba, Callan, Simmons, Berry, Santos, Ryu, Ramel, Sells, Ortiz-Self, Gregerson, Wicks, Berg, Bergquist, Dolan, Macri, Fey, Pollet, Harris-Talley and Frame, House Bill 1202, otherwise known as The Police Officer Accountability Act, is working to hold police officers accountable when they violate and harm an individual’s civil rights. This bill would authorize the Attorney General to look into employers and police officers who have engaged in conduct that was in violation of the act, and would bring a civil action case against them to restrain and prevent them from being able to engage furthermore.
Like all police departments, Washington has a history of allowing the police off the hook with a shield of qualified immunity. Currently in our law, victims and communities of police violence must hold the emotional and financial burden when it comes to suing a police officer or a department. The bill places blame on those who are not to be blamed during the process of seeking justice. Families are forced to use the federal law (42 USC 1983, referred to as a 1983 claim). Because of the immunity that police officers receive, it has provided very little legal justice for impacted communities. Bill 1202 is different then the previous bill because it would allow families to place the burden and responsibility on law enforcement, where it is due. Some argue that police should have qualified immunity to prevent them from experiencing small lawsuits, this is false. Qualified immunity protects officers who have engaged in terrible misconduct from being held even by the smallest accords, responsible for the harm they have caused.
This impacts whole communities, especially BIPOC communities, who the police have a violent legacy/presence in. Qualified immunity in the context of section 1983 is a doctrine that originated in federal case law. It provides government officials who may have violated someone’s civil rights immunity from a civil suit unless the plaintiff can clearly present to the court that the officer violated their “clearly established” rights. When determining whether or not a right was “clearly established,” courts consider whether the constitutional right alleged to have been violated was sufficiently clear so that a reasonable officer would have known that his or her conduct violated the rights. This is an objective standard, meaning that the standard does not depend on the officer’s subjective state of mind. When visiting the Washington Coalition for Police Accountability, they give accounts from impacted families experiences and why this bill is necessary. This is an account from Sonia Joseph “What we need is accountability. Police in WA have killed over 120 people since I-940 was passed – how many of those families have received any justice or compensation? Very few cases are brought against police, which furthers a culture of impunity as if they are above the law.” Kent police killed Sonia’s son Giovonn Joseph McDade in an unnecessary vehicle pursuit following a traffic stop in June 2017.
He was not committing a crime and was unarmed when he was killed. He was 20 years old. The real issue that has been facing the passing of this bill, is the immense pushback from law enforcement pressuring legislators to water down last year’s bill on restricting use of physical force. The police want to return to practices that allow them to unequivicaly use discriminatory policing, which would further injury and harm to the community. There are multiple other police accountability bills that are making their way throughout this 2022 legislative session. In order to learn more about these bills, as well as how to support them, visit Washington Coalition for Police Accountability’s facebook or website.
