Is It Time to End Qualified Immunity?

Apr 13, 2021

2 min

Following the death of George Floyd and subsequent protests of police brutality, many began to wonder if this should be the end of qualified immunity, the legal protection that police officers and other government officials have from civil rights lawsuits unless the victim is able to show their constitutional rights had been violated by that official. At the time, there seemed to be a lot of momentum. 


"Based on the events of last summer, we were all poised for the United States Supreme Court to take action on qualified immunity," says Teri Ravenell, a law professor at Villanova who specializes in police accountability and municipal liability. "There were almost a dozen cases pending before them. With the egregious facts in these cases, it was ripe for them to act, but they refused to take cert." 


It was around the same time that the House passed the George Floyd Justice in Policing Act. And while there had been no action at the federal level, we began to see more states and local municipalities decide to move forward on their own. New Mexico and Colorado put laws in place to end qualified immunity, including for police officers, and New York City recently ended it as well. 


"Qualified immunity still exists at the federal level, but you now have local options that don't have the same obstacles because it has been eliminated in these state and local statutes," Prof. Ravenell says.


While there has been progress, Prof. Ravenell cautions to look beyond the present moment. 


"We say we want to end qualified immunity, but we're not thinking five steps ahead about what this actually does. We can say we want to make police more accountable, but how are we doing that? If it's that we want them to pay damages, if they take on more liability, municipalities will stop indemnifying and plaintiffs will go uncompensated. We have to think about how different rights and issues intersect with each other."



You might also like...

Check out some other posts from Villanova University

3 min

Biden’s Acts of Clemency Raise Awareness of the Power and Embolden Those Seeking a Second Chance, Villanova Law Professor Says

Just before the holiday season, as he entered his final month as President of the United States, Joe Biden announced that he would be granting clemency to roughly 1,500 American citizens. The clemency acts, which included sentence commutations for individuals placed on home confinement during the pandemic and pardons for 39 individuals with non-violent offenses, were touted by the administration as the most ever in a single day in modern history. A month later, on January 17, he commuted the sentences of roughly 2,500 individuals convicted of non-violent drug offenses, shattering December's mark and giving him the most pardons and commutations of any president in United States history. The unprecedented size of the actions has been underscored throughout The White House’s press materials and has headlined most subsequent news coverage. But for Anton Robinson, JD, associate professor of law and director of Villanova’s Caritas Clemency Clinic in the Charles Widger School of Law, the importance of the clemency went far beyond the impressive scale. “Acts like these bring much needed awareness to the clemency process, and to the epidemic of excessive sentencing in United States courtrooms,” Professor Robinson said. “At our clinic, we are already having people call to ask about opportunities for pardons and additional support for their cases.” Public perception of presidential acts of clemency can, at times, be marred by partisan divisiveness. To some, these latest acts were overshadowed by President Biden’s earlier pardon of his son, Hunter, and eyes are already on incoming President Trump regarding how he might handle those charged in relation to the January 6 insurrection. Professor Robinson acknowledges that acts like these can cause people to “rightfully question the power that is being used,” but those are the outliers, not the norms, and steer the conversation away from the root purpose of clemency. “People deserve a second chance,” Professor Robinson said. “There’s a tendency for system actors to focus primarily on the crime committed when considering whether a person’s sentence should be cut short. But many are different people today—sometimes decades later—than they were at the time of the crime’s commission. “There is also no shortage of individuals in prison for whom a charge doesn’t tell the whole story. For example, a young person’s involvement in a crime, while sufficient for a legal conviction, might be weighed differently today, given increasing acceptance of scientific research on the portion of the human brain which controls decision-making, impulse control and executive function. Research shows all of that continues to develop well into adulthood.” Determining who fits the criteria for clemency, Professor Robinson says, is not always easy to do. Collecting records of good behavior that illustrate change while in a carceral setting is much more difficult than collecting records of bad behavior. That’s why entities like the Caritas Clemency Clinic, in which Villanova Law students work directly on behalf of such clients under Professor Robinson’s guidance, spend so much time talking to anyone who has had a relationship with the incarcerated person. “What we often find is that despite being incarcerated and having very little given opportunity, these individuals make their own opportunities to build community and rich relationships and try their best to contribute to society in a positive way,” Professor Robinson said. A military veteran who helped church members in poor health perform tasks. A nurse who spearheaded COVID vaccination efforts and natural disaster response. A counselor who helps guide youth away from destructive behavior and involvement with gangs. Those are the types of actions Professor Robinson references, all of which were highlighted specifically in the White House’s fact sheet for President Biden's December acts, just before the words “The United States is a nation of second chances.” “I'm hoping that these large acts of clemency encourage folks to think, ‘Hey, what about my loved one? What about me? I am a completely different person than I was 20 years ago, what can I do to try to secure my freedom and my ability to live the life that I've missed out on?’” Professor Robinson said. “It really is a great opportunity to remind ourselves that people are far better than the worst things that they've ever done, and that we have an opportunity to acknowledge that as a society and to encourage more of this action, both on a federal and state level.”

3 min

Villanova Professor Investigates Impacts of Hurricanes on Florida Coast

In October 2024, during the height of hurricane season, Hurricanes Milton and Helene swept across the southeastern United States. Their impact on Florida was severe, with damages totaling tens of billions of dollars. While communities in affected states continue to rebuild, a team of researchers mobilized to assess the damage caused in the hopes of better understanding the impacts of hurricane activity in the future. Jonathan Hubler, PhD, assistant professor of civil and environmental engineering at Villanova University, along with Villanova civil engineering graduate student Sarah Burghardt, traveled to Florida with a joint team from the Nearshore Extreme Events Reconnaissance (NEER) Association and the Geotechnical Extreme Events Reconnaissance (GEER) Association to investigate the immediate aftereffects of Hurricanes Milton and Helene. The National Science Foundation-sponsored trip gathered natural hazards research experts and practitioners from across the country, who quickly jumped at the opportunity to examine the impacts of two tropical storms that occurred in quick succession of each other. A few main areas of study were identified by the team so they could hit the ground running once they touched down in Florida. The researchers wanted to focus primarily on the effects of storm surge, waves, sediment erosion and deposition, and debris transport and accumulation from both hurricanes through pre-storm, during-storm, and post-storm data collection. Over 750 miles were covered across just a few days as data was surveyed and collected from Cedar Key, Horseshoe Beach, Venice, Port Charlotte, Port St. Lucie, Vero Beach and other coastal towns. “This was a unique opportunity for our team of scientists because our team collected data before the storms so we will be able to analyze the direct impacts of the storms utilizing the post-storm data that we collected,” said Dr. Hubler. “Although the destruction was difficult to witness firsthand, we are hopeful that our findings will help to mitigate the impact of these major storms in the future.” The data set collected from these storm sites is expected to improve the understanding, prediction, and mitigation of erosion as well as assess the performance of different shoreline protection systems during severe tropical storm events. Findings from the trip will be shared publicly through the NSF’s Natural Hazards Engineering Research Infrastructure (NHERI) DesignSafe-CI, a nationwide network tailored for data sharing among the natural hazards engineering research community. Local Florida communities will also be notified of relevant findings to increase awareness and understanding of risk assessments when preparing for tropical storm events. “It was a productive few days spent in Florida as we collected a significant amount of data and covered a lot of ground in a short span of time. I’m grateful to have been included on this research team and that I had the chance to bring one of my students along. This real-world experience in the field will help further her learning as she completes her studies,” said Dr. Hubler. Dr. Hubler traveled with the NEER and GEER team again in November for another data collection effort. Although the 2024 hurricane season has come to a close, researchers like Dr. Hubler continue to study their impact year-round to discover new mitigation strategies for next year’s season.

5 min

Villanova Biology Professor Looking to Natural World for Solutions as Field of Biomimicry Expands

Humans have long taken inspiration from the natural world. From the indigenous cultures of the world who understand and utilize the properties of plant and animal products, to Leonardo da Vinci’s “flying machine” sketches inspired by his observations of flying birds, humankind has often looked to nature to help solve its problems and drive innovation. With rapid scientific advancements of the 19th and 20th centuries, and the exponential growth of sustainability practices over the last quarter century, the concepts of bio-inspired design and biomimicry have been increasingly pursued across myriad disciplines of study and implementation. Alyssa Stark, PhD, associate professor of biology at Villanova University, is one of the “boots-on-the-ground” researchers in pursuit of nature’s solutions to human problems. She recently took the time to chat with us about these fields, her research interests and the future of biomimicry. Villanova PR: We sometimes hear the terms “bio-inspired design” and “biomimicry” used interchangeably. Are they the same concept? Alyssa Stark: I see those as two different things. Bio-inspired design is when we are looking at an organism and see that it’s doing something that we want to emulate as humans. I work with animals that have unique adhesive properties. I ask questions like: Can we see that? Can we build it? Can we transfer that information, those ideas, those principles – it could be chemistry, physics, biological structure – and make something useful for us? That is also true with biomimicry, but the big difference for me is that we're keeping in mind the sustainability components. The natural world is not polluting. If we're using this biomimicry lens, how do we learn from nature to make products or solve problems in a sustainable way, keeping in mind the specific environment in which we are located? As an example, we wouldn't use a heavy water process if we were in the Arizona desert, instead we should look to our immediate surroundings to solve problems. PR: It seems the work going on in this field really takes a unique level of interdisciplinary collaboration. What types of different professionals are working in biomimicry? AS: It really pulls together biologists, engineers, physicists, chemists, even design artists and businesspeople. I've worked with a lot of different businesses that want to have sustainability in their company at broad levels by using biomimicry. They are not motivated by making a cool product, but realizing it actually saves them money if they think about their whole company in a biomimetic perspective. There are people who work on the social side of biomimicry, helping these companies completely restructure themselves to be more efficient and more time and money sensitive, without ever making a product. But of course, products are a huge part of it, too. And to make that happen, all of those professions, and more, are vital and active in this space. PR: In terms of products, what are some of the most successful examples of biomimetic designs being implemented? AS: A classic one is a building in Africa that doesn't have any air conditioning units because it has a series of vents like a termite mound. Or the bullet train being shaped like a kingfisher’s beak. One scientist found that whales have bumps on their fins, which you might think is not hydrodynamic. But as it turns out, it actually cuts through water more efficiently by creating little vortices. This concept was then applied to wind turbines. There are many examples of biomimicry actually working and being used. My mind is blown when I talk to an artist or designer about biomimicry because it's just wild the way they think. PR: Where does your overall work as a biologist fit into the world of biomimicry? AS: My hard science work is very much functional morphology – shape and structure of things and how they function. That includes behavior and their organismal interaction with the environment. I ask questions like: How do their structures function and perform? How sticky are they? How fast are they? How do they behave in their environment? What happens if they hit different challenges in their environment? My work kind of naturally fits well with biomimicry, especially for product development. I observe the natural world and then I start testing questions and predictions that I have about it, like figuring out how the heck this ant is sticking to this wet leaf. My results can then be applied directly. We have to first understand how these organisms work, and then others can run with it to try to put it to use. PR: What organisms do you work with and what about them are you studying? AS: I mostly study geckos, ants, and sea urchins and I just started working with some coral, looking at why some coral undergo bleaching, and some don’t. With sea urchins, we're also figuring out where their incredibly hard teeth are mineralized so we can understand it enough to try to mimic it. I like playing in that zone, because it still provides me a chance to do the hard science, but also talk to engineers and others and provide them information. With geckos, what I kind of broke open with my PhD thesis was that they have an adhesive that works in wet environments. Having a reusable adhesive that can work on skin, especially in the medical world, is a big problem and where most of my research lies. Think of a bug that you can’t pry off, but then it suddenly runs. How do these organisms move with such sticky feet? Figuring out how to make a reusable adhesive that doesn’t get dirty and can handle all these different environments is a difficult problem to solve. PR: How do you see this field evolving, especially as we strive for a greener, more sustainable future? AS: I would say the next step is the social levels of these big ecosystems. How do we build a city that functions like a rainforest or like a coral reef? Not just a product, but how do we actually shape our world by taking behaviors, processes, or systems that we see in the natural world to help us? Look at a pride of lions and their hierarchy, or what kind of feedback loops are there in an ant colony that allow them to give information back to their colony members quickly and share resources. I think that is the future of this field, and it’s an exciting future. *To learn more about Dr. Stark’s research and the field of biomimicry, click here to listen to a recent episode of NPR’s science show, “The Pulse.”

View all posts