Digital Commons Network^™

A Commentary On Qualified Immunity In The Aftermath Of City Of Tahlequah V. Bond, Delores Jones-Brown, Paul Reck, Richard C. Helfers, Henry F. Fradella

Criminal Justice Faculty Publications and Presentations

In this Article, we argue that the Bond decision continues a line of judicial decisions that make it difficult for plaintiffs to seek civil redress against officers who cause serious injury or death to private citizens. We note that this judicial trend runs counter to public demand for police accountability and thwarts the legislative intent behind the enactment of 42 U.S.C.A. § 1983. We suggest that police practice, policy, standards and training-not judicial opinions ­should govern whether officers will be immune from the conse­quences of their actions, especially in areas where a substantial amount of empirical evidence exists to alert …