By Ryan Dreveskracht and Emmerson Donnell
On May 11, 2016, Andre Gerard, a pre-trial detainee in New York, refused to shave his beard for a police lineup for religious reasons. In response, NYPD Detective Michael Bia took out his gun and threatened to shoot Gerard if he did not comply. This was an overt use of excessive force. Yet, according to a ruling issued this month from the U.S. Court of Appeals for the Second Circuit:
Drawing all inferences in favor of Gerard and assuming, for purposes of this appeal only, that Detective Bia brandished his gun and threatened to shoot Gerard when he volubly refused to [shave his beard], Detective Bia was entitled to qualified immunity.
The court accepted that Gerard's constitutional rights were almost certainly violated, yet refused to act.
This case is the latest travesty of justice resulting from the judge-made “qualified immunity” doctrine. Every day citizens’ constitutional rights are violated, and these constitutional violations go unpunished because of qualified immunity. With each dismissed cased, the sanctity of our Nation’s constitutional rights and the public’s perception of a fair justice system continue to erode. With each dismissed cased, law enforcement remain undeterred from violating the next person’s civil rights—or killing them.
Without swift reform, more citizens will be subject to unchecked violence, terror, and death at the hands of those trusted to serve and protect. A disproportionate number of these affected citizens are BIPOC. Qualified immunity needs reform now. Our constitution is at risk. Lives are at stake.
Ryan Dreveskracht is an attorney with Galanda Broadman, PLLC, in Seattle. His practice includes civil rights and wrongful death litigation. Emmerson Donnell is a senior at Oregon State University-Cascades, who has an interest in criminal justice reform.
