WASHINGTON, D.C. - Sen. Ed Markey, D-MA, and Rep. Ayanna Pressley, D-MA, came together outside of the United States Capitol Wednesday to announce they’re re-introducing legislation to end qualified immunity for government officials, including police officers.

Qualified immunity is a legal statute allowing for some state and federal employees to be left without personal legal liability if something happens while they’re preforming their job. It can’t be used as a defense if there is a clear violation of constitutional rights.

The lawmakers said it’s often used as an excuse, and it disproportionately impacts people of color.

“There is nothing radical about this," Pressley said. "In any other job in America there are standards for conduct and consequences for failing to meet them. Doctors can be sued for malpractice; lawyers can be sued for negligence and policing should be no exception. If people are serious about the racial reckoning, they continue to reference this is how we get at that."

“We have a moral obligation to act," Markey said. "If we want to change the culture of police violence against people of color, then we must hold the officer accountable who abuse the positions of power and trust."

Also speaking at the press conference outside the capitol was the mother of Andrew Joseph III, a 14-year-old who police kicked out of a county fair in 2014 after an incident. He was later struck and killed trying to cross the highway.

The family wanted accountability from the sheriff’s department for not notifying them of his ejection from the fair. They were eventually awarded $15 million in a wrongful death case.

“There is never a clear-cut case of justice and accountability when you are dealing with the system of policing,” said his mother, Deena Joseph. 

Spectrum News 1 reached out to local police unions about how this would impact their members.

“I don’t believe that some lawmakers fully understand what qualified immunity is and does," said Rick Cipro, president of the Worcester Police Officials Union. "It doesn’t protect government officials who violate constitutional rights. I believe getting rid of qualified immunity will open cities and towns to frivolous lawsuits costing the taxpayers money.”

The International Association of Chiefs of Police also believes legislators need to better understand the legal recourse of qualified immunity. 

“Qualified immunity does not prevent individuals from recovering damages from police officers who knowingly violate an individual's constitutional rights," the association said in a statement. 

This legislation was originally introduced in 2020 and did not pass.