Beyond the Shield: Why Ohio Must End Qualified Immunity to Protect Every Community

When news broke that Louisiana police arrested ICE agent Thomas Bailey for breaking into his ex-partner’s home, it was a chilling reminder of how unchecked authority metastasizes. As commentator Lynn Tramonte observed, it parallels law enforcement officers using Flock surveillance cameras to spy on women. 

There is a pervasive mindset among certain agents that their badge grants them total access to our spaces, our privacy, and our minds—a dangerous entitlement fueled by impunity. ​

We must state this fundamental truth clearly and without reservation: THEY WORK FOR US. THEY ARE OUR EMPLOYEES. ​Government officials and law enforcement officers exist to serve the public, not to operate as an unchecked class above the law. WE ARE THE ARCHITECTS OF OUR DEMOCRACY, and it is up to us to enforce the boundaries of constitutional power. ​At the center of this systemic abuse is a legal doctrine created out of thin air: qualified immunity. ​

A Doctrine Built on Judicial Activism ​

Qualified immunity is neither written into the U.S. Constitution nor enacted by Congress in the U.S. Code. As author Radley Balko notes in Rise of the Warrior Cop, it is purely judge-made law—the definition of judicial activism. ​Originally intended to protect well-meaning officials, it has morphed into a shield for civil rights violations. Courts routinely dismiss lawsuits against law enforcement officers simply because no identical previous court decision exists, leaving victims without recourse. The American public sees this injustice clearly: a Cato Institute national survey revealed that 63 percent of Americans favor eliminating qualified immunity for police. ​

What the Protecting Ohioans’ Constitutional Rights Amendment Means for Our Communities ​

Through the proposed Protecting Ohioans' Constitutional Rights Amendment, we are creating a direct cause of action in state court to hold government actors accountable when they violate constitutional protections. ​

Deterring Local Collaboration with ICE: Federal agents often rely on state and local police forces as force multipliers. Under this amendment, state and local officers can no longer hide behind state immunity doctrines. If local police engage in unlawful profiling, warrantless entries, or excessive force during joint operations, they and their employers face direct liability under the Ohio Constitution. ​

Protecting Trans and LGBTQ+ Ohioans: Transgender individuals face persistent harassment, privacy invasions, and unlawful treatment from state actors. By stripping away immunities, trans Ohioans gain the legal leverage to sue for equal protection and due process violations, backed by uncapped damages and court-ordered accountability. ​

Real Accountability for Bad Actors: Under our amendment, a court finding of a constitutional violation provides grounds for termination. Officers who misuse surveillance tools or break into homes will face real professional and civil consequences. ​We must dismantle the doctrines that protect abuse and restore real justice to the Ohio Constitution. 

Miss Cynthia Brown, Heartbeat Movement Inc Founder and CEO Protecting Ohioans Constitutional Rights Committee Chair, The Ohio Coalition for Police Accountability and Transparency Founder. oceqi.org