TAMPA, Fla — Historically, those accusing police of misconduct have had a hard time holding them accountable.
However, in wake of George Floyd's death in Minneapolis police custody, there have been growing calls to re-examine a doctrine called qualified immunity, which shields officers from federal civil lawsuits.
"There needs to be pushing more policy, more laws, more accountability of course,” Arthur Green III said.
Back in 2014, 63-year-old Arthur Green III’s father, Arthur Green Jr., died in Tampa police custody after having a diabetic emergency while driving. His family says officers used excessive force that caused asphyxiation and death.
"Some of the things that we've lost we cannot regain,” said Kareem Young, Arthur Green Jr.’s son. “But what we at least care to do is help other families by looking at the way things are done and changing those things."
For example, the qualified immunity doctrine. This says under federal law, government officials, including police officers, can't personally be held liable for their actions unless they violate "clearly established law."
The problem is that can be hard to prove.
"It used to be it's intended to be qualified immunity, but what it's become is absolute immunity," said Paul Rebein, an attorney for the Green family.
However, amid protests against police brutality after Floyd's death, the doctrine faces increased scrutiny.
The U.S. Supreme Court decided Monday it will not hear current cases on qualified immunity, and White House Press Secretary Kayleigh McEnany said last week the doctrine is a "non-starter in the democratic legislation."
Local civil rights leaders encourage people to push back at the polls.
"Register to vote. Put the people in place that have everyone's best interest at heart,” said Zebbie Atkinson IV, president of the Clearwater/Upper Pinellas NAACP. “How long can people sit by and watch murder on video and nothing happens?"
As for the Green family, a federal judge dismissed their case based on qualified immunity. The family is now suing in local court. The Tampa Police Department could not comment due to pending litigation.
"I was very disappointed because they never got their day in court in federal court. There was never any testimony presented to the judge. No one ever got to come to court. It just was dismissed,” Rebein said.
Even though the Supreme Court turned away cases on qualified immunity, state governments are taking matters into their own hands. Last week, New York Gov. Andrew Cuomo signed off on several new laws aimed at higher police accountability.
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