It’s Not Just Police: Ending Qualified Immunity Would Hurt Teachers, EMTs, and More
It’s Not Just Police: Ending Qualified Immunity Would Hurt Teachers, EMTs, and More
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Across Ohio, public servants — from classrooms to courtrooms — could face personal lawsuits for doing their jobs. Here's what you need to know before it's too late.
There’s a lot of misinformation swirling around about qualified immunity — and frankly, it’s dangerous.
If voters are given the chance to eliminate it, the effects won’t just hurt police officers.
They will ripple through every classroom, every emergency response, every courtroom, and every community in Ohio.
Here’s what you need to know:
What Qualified Immunity Is
✅ Qualified immunity protects public employees — including police officers, teachers, prosecutors, EMTs, and others — from being personally sued unless they violate clearly established constitutional or statutory rights.
✅ It only applies when government employees act reasonably and lawfully.
✅ It does not protect those who break the law, violate rights, or engage in misconduct.
✅ It helps dismiss frivolous lawsuits early, protecting careers, families, and futures before unnecessary financial and emotional ruin.
The Ohio Proposal: It’s Not Just About Police
The proposed constitutional amendment in Ohio doesn’t just target law enforcement.
It would eliminate qualified immunity for all public employees, including:
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Teachers and principals
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Social workers and child protection officers
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EMTs and paramedics
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Correctional officers
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Firefighters
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Prosecutors and public defenders
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City inspectors and government staff
Every decision these professionals make — every classroom discipline, every emergency call, every child welfare decision — could expose them to personal financial devastation.
Imagine:
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A teacher sued personally for disciplining a student.
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A social worker sued personally for placing a child in foster care.
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A prosecutor sued personally for making a good-faith charging decision.
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An EMT sued personally for split-second decisions in chaotic emergencies.
Without qualified immunity, every public servant would carry the constant fear of personal bankruptcy for simply doing their job.
Insurance Won’t Save Them
Some claim: “Don’t worry, cities and schools have insurance.”
That’s dangerously wrong.
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Insurance companies can deny coverage if they believe an employee acted "intentionally" or "outside of policy."
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Public employers might refuse to defend workers if they want to avoid political backlash.
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Without qualified immunity, lawsuits would become longer, costlier, and far more personal.
There would be no guaranteed legal protection — and no shield from financial destruction.
The Flawed Comparison: "Doctors Get Sued, Why Not Public Employees?"
Supporters argue:
"Doctors get sued for malpractice. Why shouldn’t cops or teachers?"
Here’s why that argument fails:
🔹 Doctors carry malpractice insurance — often provided by hospitals.
🔹 Hospitals are almost always sued alongside doctors — covering most costs.
🔹 States cap malpractice damages to prevent bankruptcy.
Public employees — teachers, officers, social workers — don’t have personal liability insurance for constitutional claims.
They would be forced to defend themselves alone, risking everything they own.
This isn't about avoiding accountability.
It’s about ensuring that good public servants aren't financially ruined for reasonable decisions made under pressure.
Lessons From Other States
When Colorado and New Mexico eliminated qualified immunity for state constitutional claims:
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Recruitment and retention dropped sharply — hundreds of officers left.
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Morale fell — public servants felt unsupported and vulnerable.
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Insurance costs rose.
- The chilling effect was real — fewer good people stayed in public service roles.
A Final Word on Accountability
Accountability matters.
No one—not police officers, teachers, or government workers—should be above the law.
But ending qualified immunity doesn’t just punish the guilty — it punishes the good.
It discourages proactive service.
It invites frivolous lawsuits.
It risks bankrupting our public servants for reasonable, lawful actions made in real-world, split-second conditions.
True accountability comes through strong leadership, clear policy, training, transparency, and fair discipline, not destroying those who serve us.