New Law Could Shield Officers From Prosecution—Even in Deadly Force Cases

The Alabama House passed House Bill 202, known as the Back the Blue Legal Protection Act, which replaces the state's current law governing officer immunity. The bill strengthens civil and criminal immunity for officers in use-of-force cases, sparking hours of debate.

Supporters argue the bill modernizes laws and provides clarity. Rep. Russell Bedsole, R-Alabaster, who is also a major at the Shelby County Sheriff's Office, stated, "What this bill is able to do is solidify support for those men and women, but also modernizing state statutes to bring them in conformity with many landmark cases that have been passed in the country in regards to use of force and use of deadly force."

Opponents believe it would make it harder to hold officers accountable. Rep. Chris England, D-Tuscaloosa, questioned the necessity, stating, "How many times have you seen a police officer be prosecuted for manslaughter, criminally negligent homicide, murder or assault? You would probably find it is rare." He added, "This bill is designed to make it harder to hold those officers who commit acts like that accountable."

HB202 introduces a pre-trial immunity hearing for officers facing criminal charges related to use of force. Officers would be immune from prosecution if their actions were within their "discretionary authority" unless they violated constitutional rights. Courts must assess the case within 45 days of a motion, with another 45 days to rule. If immunity is granted, the case is dismissed; if denied, the officer can appeal to the Alabama Supreme Court, halting proceedings.

In civil cases, officers receive immunity if their actions were within their "discretionary authority." 

However, immunity is void if the officer's actions are "reckless and without law enforcement justification" or violate state or constitutional rights. Plaintiffs must clearly outline the legal grounds for claims. If a case is dismissed based on immunity, the officer can appeal to the Alabama Supreme Court, pausing civil proceedings.

The bill extends protections to sheriff's deputies working in jails and passed with 56 votes in favor, 10 against, and one abstention. It now moves to the Senate for consideration.

From 2013 to 2021, Black individuals in Alabama were 1.6 times more likely, and Latinx individuals 1.3 times more likely, to be killed by police compared to White individuals, according to Police Scorecard. The Back the Blue Legal Protection Act could further endanger Black and Brown communities, exacerbating existing disparities.

The passage of the Back the Blue Legal Protection Act is yet another shift toward shielding law enforcement from accountability, further tipping the scales of justice against communities already disproportionately impacted by police violence. By making it even harder to prosecute officers—even in deadly force cases—this bill raises serious concerns about whose safety is truly being prioritized.

Link: ABC 3340