McCormick’s qualified immunity stance wins over police union

(The Center Square) — After staying quiet during his last re-election bid, Pennsylvania’s police union went against Sen. Bob Casey in favor of his Republican opponent, Dave McCormick.

Concerns over the incumbent’s criminal justice policy matters, but one issue stood out.

“Like the brave men and women of the PA Fraternal Order of Police, Dave McCormick understands what it is like to put his life on the line in service of others,” Pennsylvania Fraternal Order of Police President Joe Regan said. “We need strong servant leaders like him to guide our nation forward.”

The Pennsylvania State Troopers Association joined the FOP in endorsing McCormick, calling him “just the kind of leader we need in Washington” who “understands the dangerous work law enforcement does every day,” PSTA President Stephen Polishan said.

The FOP endorses candidates in a number of statewide races but stayed neutral in 2018. The 40,000-membership organization will only endorse a politician if they get at least two-thirds support at a delegate conference.

In 2012, though, they approved of Casey, citing “his past and proven support, sponsorship and co-sponsorship of almost every issue important to the FOP on the State and National level.”

Casey’s spokesperson, Maddy McDaniel, in a statement to The Center Square, pointed to his “long and clear record” of backing law enforcement, including support for millions in funding for bulletproof vests, SWAT gear, police cars and ballistic shields.

She also drew a correlation between his work to combat the opioid epidemic and McCormick’s Chinese business dealings.

“While Senator Casey is working closely with law enforcement to fight back against fentanyl trafficking, his opponent invested millions of dollars in China’s largest fentanyl producer, which is now teaming up with Mexican cartels to pump fentanyl into Pennsylvania,” McDaniel said.

Delaware County Sheriff Jerry Sanders told The Center Square that he, too, doubted McCormick’s intentions.

“Bob Casey has proven he’ll prioritize public safety for Delaware County and has stuck his neck out to give officers the resources and support they need to do the job,” he said. “His opponent has only proven he’ll prioritize himself.”

McCormick has trumpeted the FOP endorsement and tied Casey and Joe Biden together, calling their approach a “soft-on-crime agenda” that “has failed them and made our commonwealth more dangerous.”

The leading issue, the FOP Financial Secretary Jason Brinker said, came down to qualified immunity.

“One of the main issues: Casey’s refusal to commit to qualified immunity,” Brinker said. “Qualified immunity’s a huge issue for police officers. Without qualified immunity, the police can’t do their job.

“They have to be able to go out and do their job without the fear of civil liability, every time they take action, whether it’s a speeding ticket or an arrest.”

Qualified immunity is a legal doctrine that protects a number of government workers, like police officers or civil servants, in a state agency from legal liability. If an official violates a person’s rights in their capacity as a government worker, the government entity may be liable to pay damages, but the individual is not.

In recent years, state and federal governments have proposed limiting or tossing qualified immunity.

“Casey would not provide assurance of his commitment to qualified immunity, whereas McCormick did definitively,” Brinker said. “I would say that is probably what got McCormick the endorsement more than anything.”

He also warned of staffing issues for police departments and salaries, along with political rhetoric that he said demonized law enforcement, pushing potential police recruits away from the field.

Casey is a “known commodity,” Brinker said, and appreciated the senator’s work on other police issues, but the immunity question remained front and center.

“One candidate is adamant and another one that won’t give a definitive answer to that concept — it’s troubling for the membership,” he said.