Special Commission to Study Qualified Immunity Recommends Changes to Massachusetts Civil Rights Act to Better Assess Police Reform Impacts

Commission recommends three proposals to develop Massachusetts case law and better inform future consideration of the qualified immunity doctrine 

Boston- State Representative Michael Day and State Senator Jamie Eldridge, co-chairs of the Legislature’s Joint Committee on the Judiciary and the Special Commission to Study Qualified Immunity, today announced that the Commission has filed its report and made three recommendations to make the Massachusetts legal system more accessible to claims of civil rights violations, encourage the development of Massachusetts case law and better inform future consideration of the qualified immunity doctrine and the impact of police reform in Massachusetts. 

 The Commission made the following recommendations: 

1.      Pass legislation to amend the Massachusetts Civil Rights Act by removing the ‘threats, intimidation and coercion’ prerequisite with respect to law enforcement professionals as they are defined in the Police Reform Law.  

2.     Pass legislation requiring judges to determine in writing whether the alleged conduct in a case violates an individual’s civil rights, even if the court also determines that qualified immunity was applicable to the claims brought.

3.     Evaluate the implementation and administration of the Police Reform Law over the next two years and assess its effectiveness in fostering transparency, accountability, and trust in law enforcement before recommending further substantive changes to the qualified immunity doctrine.

 "Qualified Immunity remains a key legal doctrine that creates a barrier for everyday Massachusetts residents, disproportionately people of color, to get their day in court to seek justice from mistreatment by law enforcement. I was very proud to co-chair the Special Legislative Commission on Qualified Immunity alongside House chair Representative Michael Day, and to serve with all of the commissioners. The recommendations the commission made will hopefully increase access to justice for civilians and improve the trust between law enforcement and vulnerable populations, while acknowledging that the qualified immunity reforms in the 2020 police reform law are still being implemented. As the Senate Chair of the Joint Committee on the Judiciary and the Senate Chair of the Criminal Justice Reform Caucus, I will continue to work towards amending the policy in a way that ensures equity for all," said Commission Co-Chair Senator Jamie Eldridge (D-Acton).

“This report, and the work of the Commissioners summarized in it, dispels myths about what qualified immunity is and what it is not, and I encourage everyone to read it closely,” Commission Co-Chair Representative Michael S. Day (D-Stoneham) said. “The three recommendations we made will, if adopted by the Legislature, give full effect to the police reform law, provide more clarity to our law enforcement professionals and foster increased public confidence in our criminal justice system.” 

In 2020’s “Police Reform Law,” Massachusetts created a statewide certification and decertification system for law enforcement professionals to be overseen by the Peace Officer Standards and Training Commission (POSTC). In addition to creating the Special Commission on Qualified Immunity, Section 37 of the law changed certain provisions of the Massachusetts Civil Right Act by specifically prohibiting the application of qualified immunity to claims against law enforcement professionals based on conduct that resulted in their decertification by POSTC.

The Special Commission to Study Qualified Immunity was tasked with conducting a study of the legal doctrine known as qualified immunity, its interpretation by courts and its impact on the administration of justice in Massachusetts. At the conclusion of its study, the Commission was to file a report making recommendations for suggested legislative action. 

Qualified immunity is a court-created legal doctrine that grants some government officials immunity from personal liability in certain civil lawsuits.

Courts most commonly apply the doctrine in civil rights actions brought pursuant to 42 U.S.C. §1983 (“§ 1983”) and corresponding state laws.

The Special Commission on Qualified Immunity was comprised of legislators, law enforcement professionals, civil rights advocates, and labor representatives. It first convened in April 2021 and met on nine occasions between April 20 and December 1, 2021. 

 The Commission studied the history and impacts of the application of qualified immunity in the United States and in Massachusetts specifically.  It also reviewed the changes made to that doctrine by the Police Reform Law. Through a series of hearings featuring commentary from the general public as well as legal scholars and expert practitioners in the field, Commissioners considered recommendations ranging from the outright elimination of the qualified immunity doctrine to taking “no action” on the current legal framework.

“The Commission heard clearly that claimants do not file civil rights cases in Massachusetts because the state law has a heightened standard when compared to the federal law, and we recognized that this could hamper the legal evolution of the qualified immunity doctrine,” continued Representative Day. “By also requiring our courts to define what conduct violates an individual’s civil rights, whether qualified immunity applies or not, we will allow case law to develop in Massachusetts that will inform policy makers in the future about the successes and failures of police reform.”  

 If adopted by the Legislature, the Commission’s recommendations would accomplish the following: (a) remove barriers to state courts for plaintiffs seeking relief for alleged civil rights infractions; (b) require courts to decide whether an alleged action violated clearly established civil rights law regardless of whether qualified immunity applies to the claim; and (c) assess the implementation and impact of the 2020 amendments to the qualified immunity provision of the Massachusetts Civil Rights Act, which will inform any further action the Legislature takes. 

 To read the full report, please visit https://malegislature.gov/Commissions/Detail/552/Documents.

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