Virginia has made headlines in recent months for criminal justice reform measures but advocates say more needs to be done. They are disappointed lawmakers in both chambers of the General Assembly recently killed proposals to roll back qualified immunity protections for police officers.

State lawmakers so far this session have advanced bills to legalize marijuana, remove mandatory minimum sentences and abolish the death penalty. During the special session called last year, the General Assembly banned police from using no-knock search warrants and chokeholds.

But qualified immunity shields police and government officials from civil liability while performing duties in their line of work as long as their actions don’t violate “clearly established statutory or constitutional rights of which a reasonable person would have known,” according to a Congressional Research Service report.

House Bill 2045, introduced by Delegate Jeff Bourne of Richmond, a member of the Virginia Legislative Black Caucus, would have given citizens the power to pursue damages in state civil lawsuits when their rights are violated by a law enforcement officer. The bill also placed a cap on an individual officer’s liability.

Delegate Bourne’s proposal was tabled 6-2 in a House Courts of Justice subcommittee.

Senate Bill 1440, sponsored by Sen. Scott Surovell of Fairfax was a narrower proposal that provided a path for lawsuits when an officer used excessive or deadly force and neck restraints. The bill died in the Senate Judiciary Committee on a 9-5 vote.

Qualified immunity is a federal doctrine established by the U.S. Supreme Court in 1982. A state legislature can’t repeal qualified immunity, but proponents of ending the practice have asked local and state governments to create legislation allowing citizens more freedom in pursuing lawsuits against police misconduct.

During a subcommittee hearing, Delegate Bourne questioned opponents of his bill who he said consider themselves to be proponents of constitutional rights and law and order.

“It seems when we’re talking about this, and when we’re talking about people getting hurt and their constitutional rights deprived by law enforcement officers, the story becomes different,” Delegate Bourne said.

Princess Blanding, who recently announced her candidacy for governor as an independent candidate, has advocated for criminal justice reform since the death of her brother, Marcus-David Peters, in May 2018. Mr. Peters, a 24-year-old high school biology teacher, was naked and unarmed

when he was shot and killed by a Richmond Police officer near an entry ramp to Interstate 95 in Downtown as he was experiencing what has been described as a mental health crisis.

Mr. Peters charged at the officer who deployed his Taser and then shot Peters at least twice.

Ms. Blanding said eliminating qualified immunity is a necessary step to end discrimination and achieve racial justice in the commonwealth.

“It’s like no matter what we do to prep our kids, our loved ones, it is still going to be our fate because of the pigmentation of our skin, coupled with the fact that there is no accountability,” Ms. Blanding said. “To me, that’s the harsh reality.”

Kalia Harris, co-host of the podcast “Race Capitol” and co-executive director of the Virginia Student Power Network, or VSPN, said she was “extremely disappointed” when a Richmond judge on Jan. 21 dismissed her organization’s lawsuit against state and local police and government officials.

In the lawsuit filed by the American Civil Liberties Union on VSPN’s behalf, VSPN alleged that law enforcement and city leaders violated their constitutional right to free speech, assembly and protest when they used tear gas, pepper spray and rubber bullets to disperse people at the group’s overnight “teach-in” on June 22 held in the street outside Richmond City Hall.

After several hours, the Richmond Police Department declared the event an unlawful assembly and discharged tear gas and rubber bullets at the peaceful demonstrators who had blocked off the street.

“That night is still on replay in my head,” Ms. Harris said during the House subcommittee meeting. “Words can’t explain the trauma that we experienced.”

Ms. Blanding said it’s difficult for victims of police brutality to get lawyers to take on a qualified immunity case due to the power of police unions and the relationship of prosecutors to officers.

She said if the number of positive interactions the public has with officers outweighs the instances of police misconduct, the few suits alleging misconduct should not have an issue proceeding to court. It is important to recognize that police misconduct causes irrefutable damage and changes families lives’ forever, Ms. Blanding said.

“What we have to understand is that, when you take somebody’s life, you can’t take out the magic eraser and erase it and try it again,” she said. “You cannot press restart.”

Ms. Harris said the ability to sue law enforcement agents for misconduct was the “bare minimum” of a judicial system that works for everyone.

“It doesn’t mean that they’re going to all be convicted,” she said. “It does mean that folks are able to see their day in court.”

Police officers do not qualify for qualified immunity if they cannot demonstrate the actions that they took were reasonable, said Wayne Huggins, former Virginia State Police superintendent who now serves as executive director of the Virginia State Police Association. He said officers must prove they upheld the U.S. Constitution, the laws of the Commonwealth and the policies of their individual department.

“The word that needs to be focused upon and understood is ‘qualified,’ ” Mr. Huggins said. “We have to qualify for that immunity.”

Ms. Harris and Ms. Blanding said they hope to see legislation limiting qualified immunity protections introduced again. This is the second time that Delegate Bourne’s measure has failed.

Ms. Harris said the “Democratic trifecta” of Democrats controlling the House of Delegates, the state Senate and the governor’s office means very little if Democrats don’t use their majority to pass progressive legislation that voters support.

All 100 seats in the House of Delegates are for election in November 2021. Ms. Harris said legislators unwilling to pass comprehensive police reform will face progressive challengers in primary elections this June.

“If they’re not passing meaningful legislation, then we have to really push what it means to be blue, and start to think further outside of the box,” Ms. Harris said.

Capital News Service is a program of Virginia Commonwealth University’s Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.