In a significant development for civil rights advocates, Ohio is progressing toward a potential constitutional amendment to eliminate qualified immunity for government employees, including police officers. This advancement follows a series of legal challenges and a recent decision by the U.S. Supreme Court.
Background and Legal Challenges
The Ohio Coalition to End Qualified Immunity has been striving since 2022 to place an amendment on the ballot that would hold government entities accountable for constitutional rights violations. Qualified immunity currently protects government officials from lawsuits unless the violated right was clearly established at the time.
Initially, Ohio Attorney General Dave Yost rejected the coalitions petition, citing issues with the summary language and the absence of a title. However, the Ohio Supreme Court ruled that Yost overstepped his authority by rejecting the petition based solely on the titles absence. Consequently, Yost certified the petition, allowing it to proceed to the Ohio Ballot Board citeturn0search4.
Ballot Board Approval and Next Steps
On December 4, 2024, the Ohio Ballot Board unanimously determined that the proposed amendment addresses a single issue, permitting the coalition to begin collecting signatures. To qualify for the November 2025 ballot, the coalition must gather approximately 420,000 valid signatures by July 2, 2025 citeturn0search1.
Provisions of the Proposed Amendment
The amendment seeks to:
Allow individuals to file civil lawsuits against government entities when their constitutional rights are violated.
Eliminate defenses such as qualified immunity, sovereign immunity, and prosecutorial immunity in such cases.
Ensure that only government employers, not individual employees, bear financial responsibility for damages awarded.
Mandate that government employers implement measures to prevent future rights violations citeturn0search1.
Implications and Reactions
If passed, Ohio would become the first state to end qualified immunity through a ballot initiative. Similar reforms have been enacted legislatively in states like Colorado and New Mexico.
Supporters argue that the amendment would enhance government accountability and restore public trust. Critics, however, express concerns about potential impacts on law enforcement and government operations.
As the signature collection phase commences, the initiatives progress will be closely monitored by both proponents and opponents, reflecting the broader national debate on qualified immunity and governmental accountability.