From the proposed George Floyd Justice in Policing Act that Joe Biden publicly supports:
SEC. 102. QUALIFIED IMMUNITY REFORM.
Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended by adding at the end the following:
“It shall not be a defense or immunity in any action brought under this section against a local law enforcement officer (as such term is defined in section 2 of the George Floyd Justice in Policing Act of 2020), or in any action under any source of law against a Federal investigative or law enforcement officer (as such term is defined in section 2680(h) of title 28, United States Code), that—
“(1) the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time when the conduct was committed; or
“(2) the rights, privileges, or immunities secured by the Constitution and laws were not clearly established at the time of their deprivation by the defendant, or that at such time, the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.”
https://www.congress.gov/bill/116th-congress/house-bill/7120/text
“(i) eliminating school-based arrests and referrals to law enforcement;
“(ii) using evidence-based preventative measures and alternatives to school-based arrests and referrals to law enforcement, such as restorative justice and healing practices”
If the officer can’t use the defense of good faith, reasonable belief (or otherwise) that his conduct was lawful, and can’t defend by claiming the alleged right was not one recognized at the time, then what defense does he have? It seems to me he has almost none. As worded, this statute will open the floodgates to false claims against the police. There will be no need to defund the police since few will take the job and the public police forces will wither away, to be replaced by the private protectors of the wealthy.