BY MATT MACKINDER
Clarkston News Editor

Top law enforcement officials from five counties say congressional proposals to change qualified immunity protections for police are unnecessary because existing laws already hold them accountable for illegal acts and could ultimately lead to municipal bankruptcies.
Oakland County Sheriff Michael Bouchard said in May deputies and police officers are not immune from prosecution or civil liability when they act outside the scope of existing laws, policy, training or protocols. He said the belief that law enforcement is immune from criminal prosecution or civil action is not true.
“I’ve had a lot of conversations with many members of Congress,” Bouchard said. “They say, ‘Why are police officers immune? If they do something wrong, why are they immune?’ The simple answer is they’re not. If they do something criminal, something intentional, something wrong outside the boundaries of the Constitution, the statutory provisions of their state. If they do something that overrides any of those, they don’t get qualified immunity.”
Bouchard made his comments during a news conference at the Sheriff’s Office in Pontiac. He was joined by Livingston County Sheriff Michael J. Murphy, president of the Michigan Sheriffs Association, Macomb County Sheriff Anthony M. Wickersham, Grand Blanc Township Police Chief Ron Wiles, president of the Michigan Association Chiefs of Police, Northville Police Chief Alan Maciag, president of the Southeastern Michigan Association Chiefs of Police, Wixom Chief Ron Moore, president of the Oakland County Chiefs of Police Association and Orion Township Supervisor Chris Barnett, president of the Oakland County Association of Township Supervisors.
Congress is discussing substantial changes to existing qualified immunity that protect law enforcement and communities in most instances if the officers act within those articulated boundaries. Local law enforcement leaders say the erosion of legal protections for deputies and all police officers will seriously affect the ability of law enforcement to carry out its duties and will impact local governments.
“This is a solution in search of a problem,” Bouchard said.
Murphy said the proposed reforms would expose police to potential personal liability as well as expose other entities within a county such as its health department, road commission or fire department.
“Think about your profession – your job. You do everything the way you’re supposed to do it, according to your policies and procedures and guidelines and there’s a bad outcome,” Murphy said. “You would be on the hook for that. You would be able to be sued civilly and you’d have to dip into your own savings account. How does that make sense when you did everything right?”
Barnett said no one was making excuses for bad police officers. He said communities such as his are frequent targets of lawsuits, which would increase if the proposed reforms are enacted. One unfavorable legal case could be devastating to a community, he said.
“This will be a bankrupting event for many small communities,” Barnett said. “We all agree if there is a bad actor, they should be held accountable.”
“Chris Barnett summarized the situation perfectly,” said Independence Township Supervisor Pat Kittle. “I completely agree with his views. The Oakland County Sheriffs Department has some of the best trained and best equipped professionals in the business. The model Chief Bouchard has put together is second to none. Changing the current liability process, just because of a few bad apples, is like throwing the baby out with the bathwater.
“Makes no sense whatsoever.”
Barnett and Bouchard said the recruitment of qualified applicants to be police officers, deputies, firefighters and emergency medical technicians is very difficult now and would be nearly impossible if qualified immunity is removed.
“This is not a partisan issue,” Barnett said. “This is a good government issue.
“We don’t need the federal government’s help on this.”

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