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Congresswoman Tenney Unveils Bill to Preserve Qualified Immunity for Law Enforcement

July 15, 2021

Wampsville, NY - Congresswoman Claudia Tenney (NY-22) today unveiled details of her legislation, the Local Law Enforcement Protection Act, that protects qualified immunity for police officers serving at the state and local level. 

Tenney's bill would prevent state and local governments that remove qualified immunity protections for police from applying for certain federal grants. 

Tenney has also released a comprehensive plan to support law enforcement officers and unite our communities by keeping illegal firearms off the street, boosting community-based policing, and supporting policies that provide law enforcement officers with the tools and resources to do their jobs.

"Our Law Enforcement Officers put their lives on the line every day at great personal risk. In the last year alone, police have faced unprecedented challenges like the pandemic and increasing crime. Accountability and transparency are vital, but removing qualified immunity achieves neither. It opens police officers to unfair and frivolous attacks simply for doing their jobs. At a time when activists and politicians in Washington are demonizing and defunding our police, I'm honored to stand with them to deliver the resources and support to keep our communities safe," said Congresswoman Tenney.

The past two years have marked the deadliest period for law enforcement in decades. In 2020 alone, 264 police officers died in the line of duty. So far this year, at least 148 officers have tragically died. 

Tenney was joined at the announcement by NY Assemblyman John Salka,Madison County Sheriff Todd Hood, Oswego County Sheriff Don Hilton, Cortland County Undersheriff Budd Rigg, Sherrill Police Chief Rob Drake, Oneida County Undersheriff Joe Lisi, City of Cortland Police Chief Paul Sandy, City of Oneida Police Chief John Little and Deputy Chief Steven Lowell, City of Sherill and Camden Police Department Officer Dan Salce, Canastota Interim Chief of Police Shawn Barton, Madison County Chief Assistant District Attorney Bob Mascari, and Madison County Chairman John Becker. 

“I proudly support this legislation, which protects law enforcement officers and allows them to do their job,” said Salka. “These brave men and women put their lives on the line each day to protect our communities. As crime rates surge across the state, it is of the utmost importance that we defend our police to ensure they are allowed to do their jobs and continue to keep our communities safe.”

 “The men and women in law enforcement have sworn an oath to protect and serve. But we are facing unprecedented threats every day that hinder that. The rise in violent crimes, the defund the police movement, and New York State’s Bail Reform law all make our jobs more dangerous and tie our hands. This legislation will help protect our officers from frivolous attacks, allowing us to do our jobs to protect our community. At the same time make sure those who need to be held accountable, will be," said Sheriff Hood. 

Details of the Local Law Enforcement Protection Act

  • Ensures all states follow the U.S. Supreme Court decision in Saucier v. Katz, which found that a law enforcement officer can only be found liable in civil suits if the officer’s conduct violated a clearly established constitutional right.
     
  • In order to apply for and receive specified federal grants, states and localities must certify that it is in compliance with the U.S. Supreme Court decision and has not taken steps to limit qualified immunity for law enforcement officers. 
     
  • A jurisdiction that is unable to make such certification will be ineligible for funding. Any jurisdiction that improperly certifies compliance will be subject to legal action. 
     
  • This new requirement will apply to the following federal grant programs: 
    • Community Development Block Grant Program
    • USDA Community Facilities Direct Loan & Grant Program

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