My name is Kwame Thompson. Iâm a trial lawyer based in Atlanta, Georgia, with over 25 years of experience litigating personal injury and wrongful death casesâmany of which tragically intersect with civil rights. I write not from a place of ego, but from a place of purpose and solidarity. As a descendant of survivors and as counsel for families still seeking answers, I stand alongside those whoâve lost children, siblings, and parents to state-sanctioned violence.
The names of the fallen echo through courtrooms and communities: Jaylin McKenzie, shot and killed by Memphis police while fleeing unarmed; Eric Holmes, gunned down while driving away from police, posing no threat to officers or the public; Jimmy Atchison, shot in the face while hiding in a closet with witnesses present; and DyâQuarius Gilbert, a teenager struck down during a police pursuit in Ashburn, Georgia.
These are not just isolated tragediesâthey are recurring symptoms of a system that shields accountability. At the center of that shield is a legal doctrine called qualified immunity.
A Shield Born of Judicial Fiat
Passed in the aftermath of the Civil War, the Civil Rights Act of 1871âcommonly known as the Ku Klux Klan Actâwas intended to give citizens the power to sue state actors for violating constitutional rights under 42 U.S.C. § 1983. It was designed to combat racial terrorism and police complicity in white supremacist violence.
But in 1982, the U.S. Supreme Court in Harlow v. Fitzgerald introduced a doctrine that has since gutted the power of that law. The Court held that government officials could not be held liable unless they violated âclearly establishedâ rightsâa standard so narrow, it has denied relief in even the most egregious of cases.
Under this rule, unless a nearly identical case already exists, the court will dismiss the claimâno matter how excessive the force, how unreasonable the conduct, or how permanent the harm.
The consequence is devastating. Courts have dismissed claims involving officers who unleashed K-9s on surrendering suspects, slammed non-resisting civilians into concrete, or shot people who posed no immediate threatâsimply because the exact fact pattern had not been previously litigated.
Lives Are Lost, But Accountability Is Denied
The doctrine of qualified immunity doesn’t just insulate officersâit erases victims. It tells the families of Jaylin, Eric, Jimmy, and DyâQuarius that what happened to their sons, brothers, and friends doesnât matter unless a court had already warned the officer not to do precisely that.
This is not justice. It is an abstraction that values legal technicality over human life.
Change Is PossibleâAnd Urgently Needed
Some jurisdictions have acted. Colorado, New Mexico, and New York City have passed laws eliminating qualified immunity at the state level. These reforms empower citizens to sue officers directly for misconduct without clearing the âclearly establishedâ hurdle.
Yet, without federal reform, these changes remain partial. Officers can still invoke qualified immunity in federal courts, where many civil rights cases are ultimately decided.
We Must End This Doctrine
Qualified immunity is not in the Constitution. It is a court-created barrier that has outlived its justification. It must be repealedânot reformed. Our legal system cannot remain credible while it allows government agents to violate constitutional rights with impunity.
We must call on Congress to pass the Ending Qualified Immunity Act and demand that more states follow suit. We must also push the judiciary to reevaluate this unjust standard.
As a civil rights litigator, I know the law can be a tool of both oppression and liberation. Itâs time we reclaim it. The lives of Jaylin McKenzie, Eric Holmes, Jimmy Atchison, DyâQuarius Gilbert, and so many others deserve more than thoughts and prayersâthey deserve justice, clarity, and action.
The road is long. But we walk it together. Because there is no statute of limitations on truthâand no immunity from accountability when the people demand it.
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