Innocence Project Calls on NY Governor Hochul to End Qualified Immunity and Hold Officials Accountable for Misconduct

Governor Kathy Hochul has put forth proposals in Section M of her budget, as well as Program Bill #20, that would, for the first time, enshrine qualified immunity into New York State law. Qualified immunity is a doctrine created by the U.S. Supreme Court that protects public officials from liability for misconduct, even when they break the law. The doctrine is so demanding that Justice Sotomayor has called it an “absolute shield” encouraging officials to “shoot first, think later.” Consequently, too many wrongfully incarcerated individuals never receive redress for injuries suffered at the hands of those who unjustly imprisoned them.

In response to these proposals, the Innocence Project has issued the following statement:

“The recent legislative proposals from Governor Hochul aim to create a legal pathway to hold federal officials accountable for civil rights abuses in state court, but they completely undermine that goal by adopting qualified immunity into New York law — shielding the very officials the proposals intend to hold responsible.

The Innocence Project, in coalition with the Campaign to End Qualified Immunity in New York (EndQINY), has led the effort to eliminate qualified immunity in the state through its push to pass a bill (S176/A1402) that would ban the defense and create real accountability. Removing this barrier would give innocent people a true pathway to seek justice for constitutional violations. Our clients’ experiences across the country are stark examples of the shameful lack of accountability that continues to exist for deeply consequential misconduct by law enforcement and prosecutors. Levon Brooks and Kennedy Brewer, for example, who were wrongfully convicted in Mississippi of separate murders in 1992 and 1995, were unable to hold accountable the forensic pathologist and dentist whose false testimonies secured both their wrongful convictions — even after DNA exonerated them and identified the actual perpetrator. Qualified immunity shielded both doctors, and the lawsuit was dismissed before Mr. Brewer and Mr. Brooks could prove their claims.

By shielding officials from accountability for misconduct, qualified immunity doesn’t just deny justice to past victims — it enables future misconduct. Indeed, official misconduct has played a role in more than 60% of the 3,777 exonerations nationally, and more than 68% of the 367 exonerations in New York. Ensuring official accountability is fundamental to preventing wrongful convictions and creating more equitable systems of justice. 

While we strongly support creating a mechanism in New York to protect individuals from civil rights violations by federal officials, we oppose a proposal that includes any language, directly or indirectly, enacting qualified immunity — which blocks, rather than creates, accountability. Senator Zellnor Myrie and Assembly Member Gabriella Romero have recognized these concerns and amended their own bill, NY Civil Rights Act (S8500B / A9076B), to remove language that would have adopted qualified immunity. Governor Hochul and the Legislature must remove the defense of qualified immunity from these proposals, and go further by passing S176/A1402 this session to secure meaningful accountability and provide justice to New Yorkers.”