Progress · Vision · Agenda

Reform &Accountability.

The system is not fixed. But it is not permanent. This page documents what has already changed, what we are fighting for next, and what accountability actually looks like when it's done right.

Kill the Precedent is not built on cynicism. It is built on the conviction that systems created by policy can be changed by policy — and that the most powerful thing advocates can do is name exactly what change should look like, document the proof that it works, and refuse to accept anything less. This page is both a record of wins and a blueprint for what comes next. The precedents are falling. Not fast enough. But they are falling.

What the current system produces — and what a genuinely accountable system would look like instead. This is not utopian. Every item in the right column has been implemented somewhere, by someone, and the outcomes have been documented.

⚠ The Current System

Government actors shielded from civil liability by qualified immunity regardless of harm caused
Officers who cause harm move between departments with no public record of misconduct
Taxpayers — not officers — bear all financial cost of civil rights settlements
Family court operates in near-total secrecy with no outcome tracking on DV cases
CPS funded per child placed — financial incentive points toward removal, not preservation
Survivors assessed by practitioners with no mandatory coercive control training
Neurodivergent parents evaluated against neurotypical standards with no accommodation
Legal abuse — using courts as a control weapon — unrecognized and unaddressed

✓ The Reform Vision

Civil liability restored — government actors personally accountable for rights violations
Public misconduct registry — searchable, maintained, with cross-department reporting
Mandatory professional liability insurance — market-driven accountability, not taxpayer exposure
Family court outcome transparency — DV case tracking, public reporting, judicial accountability
Prevention-based CPS funding — federal dollars follow family preservation, not removal
Mandatory coercive control training for all family court and child welfare professionals
ADA accommodation enforced — neurodivergent parents assessed accurately and legally
Legal abuse recognized — procedural protections for survivors facing bad-faith litigation

These are not small things. Every one of these wins was called impossible before it happened. The precedents are not permanent. They are persuadable. This is the proof.

2020
Colorado
Law Enforcement Integrity Act — Qualified Immunity Eliminated for State Claims
Colorado became the first state to eliminate qualified immunity for law enforcement under state law. Officers can now be personally sued for civil rights violations. The law also requires officers to intervene when they witness misconduct and bans chokeholds. Officers can be held personally liable for up to 25% of any judgment.
First state elimination of QI — proof the doctrine is not untouchable
2021
New Mexico
New Mexico Civil Rights Act — State QI Eliminated, Independent Cause of Action Created
New Mexico eliminated qualified immunity for state constitutional claims and created an independent state civil rights cause of action. The law explicitly prohibits qualified immunity as a defense and allows plaintiffs to recover attorney's fees — removing a major barrier to civil rights litigation for people without resources.
Attorney's fees provision — makes civil rights litigation accessible without wealth
2021
New York City
NYC Local Law — Qualified Immunity Eliminated for NYPD Officers
New York City eliminated qualified immunity for NYPD officers for violations of the New York City Human Rights Law. Officers can be sued individually for civil rights violations. The law passed with unanimous City Council support — demonstrating that local-level accountability reform is achievable even in the absence of federal action.
Local-level action — cities don't have to wait for Congress
2021
California
AB 89 — Minimum Age for Law Enforcement Officers Raised to 21
California raised the minimum age for peace officers to 21, citing research showing improved decision-making and reduced use of force in older officers. A small reform — but part of a broader accountability package that also included mandatory implicit bias training and expanded misconduct reporting requirements.
Evidence-based hiring reform — accountability begins before the badge is issued
2021
California
Family First Prevention Services Act — Prevention Funding Unlocked
California became one of the first states to fully implement the Family First Prevention Services Act, allowing Title IV-E funds to be used for evidence-based prevention services — mental health, substance use, and parenting support — for the first time. Early data shows reduced removal rates in counties with full implementation.
Prevention over removal — financial incentives beginning to shift
2022
Multiple States
Coercive Control Statutes — Named in Law for the First Time
California, Hawaii, Connecticut, and other states have enacted or expanded coercive control provisions in domestic violence law — recognizing patterns of behavior, not just physical incidents, as legally actionable abuse. California Family Code §6320 explicitly names isolation, deprivation, and disturbing the peace as DV. This is the legal framework that enables survivors to seek protection before physical violence escalates to lethality.
Pattern recognized in law — the framework Kill the Precedent trains practitioners to use
2023
Federal
VAWA Reauthorization — Expanded Protections and Funding
The Violence Against Women Act was reauthorized with expanded protections including strengthened housing provisions for survivors, expanded tribal jurisdiction over non-Native abusers, and increased funding for underserved populations. The reauthorization also included provisions addressing economic abuse and technology-facilitated coercive control.
Federal recognition of economic and technological coercive control
2024
Ongoing
Institute for Justice QI Litigation — Supreme Court Pressure Building
The Institute for Justice and other civil liberties organizations have maintained sustained pressure on qualified immunity at the federal level — filing cert petitions, publishing research, and building cross-partisan coalitions. Multiple Supreme Court justices across the ideological spectrum have written critically about the doctrine. The legal momentum is building even without congressional action.
Bipartisan legal consensus forming — the doctrine has no principled defenders left

Eight specific, achievable reforms. Each one is already law somewhere. None of them require inventing something new — they require the political will to apply what works.

01

Abolish Qualified Immunity Federally

Restore 42 USC 1983 to its original intent. Allow civil rights plaintiffs to sue government actors who violate constitutional rights without the "clearly established" barrier invented by the Supreme Court in 1982.

Pending Federal Legislation
02

Mandatory Professional Liability Insurance

Require law enforcement officers to carry personal liability insurance — modeled on medical malpractice. Officers who cause harm bear personal financial risk. Repeat violators become uninsurable. Taxpayers stop paying for misconduct.

KTP Priority
03

National Misconduct Registry

A searchable public database of government actors found to have violated civil rights — cross-referencing departments and jurisdictions. Officers who lose one job for misconduct cannot quietly move to the next department.

KTP Priority
04

Mandatory Coercive Control Training

Every family court judge, guardian ad litem, custody evaluator, CPS worker, and law enforcement officer who interacts with domestic violence cases must receive mandatory, standardized training in coercive control dynamics before taking those cases.

KTP Curriculum In Development
05

Eliminate Failure to Protect as Applied to DV Survivors

Prohibit child welfare agencies and family courts from using a survivor's failure to immediately leave an abusive relationship as grounds for neglect findings or adverse custody outcomes. The abuser caused the harm. The survivor should not be held responsible for it.

Legislative Reform Needed
06

Family Court Transparency & Outcome Tracking

Require public reporting of family court outcomes in cases involving DV allegations — including custody transfer rates, parental alienation claim usage, and outcomes for children. Secrecy protects the system, not children.

Legislative Reform Needed
07

ADA Enforcement in Child Welfare Proceedings

Require child welfare agencies to document accommodation offers to parents with disabilities at first contact. Prohibit use of unaccommodated disability presentation as evidence of parental unfitness. Create enforcement mechanism for ADA violations in dependency cases.

Federal Enforcement Needed
08

Prevention-Based CPS Funding Reform

Restructure Title IV-E to fund family preservation and prevention at parity with foster care placement. Remove the financial incentive for removal. Fund outcomes — family stability, child safety, reunification — not throughput.

Federal Legislative Reform

Mandatory Professional Liability Insurance for Law Enforcement

The malpractice model applied to policing — and why it works where other reforms fail.

How It Works

Every licensed law enforcement officer carries personal professional liability insurance — the way doctors carry malpractice insurance. When an officer is found liable for a civil rights violation, the judgment is paid by their insurer, not the taxpayer.

Insurers set premiums based on risk. An officer with a history of excessive force complaints pays higher premiums. An officer who becomes uninsurable cannot be employed. The market creates accountability that the legal system currently refuses to enforce.

Departments that want to hire low-risk officers have a financial incentive to screen for and retain them. Departments that tolerate misconduct face higher aggregate insurance costs. The accountability becomes institutional, not just individual.

Why Current Reform Fails Without It

Even where qualified immunity is eliminated, the practical barrier to accountability remains: officers pay nothing personally. Settlements are paid by cities and counties — meaning taxpayers fund the consequences of misconduct while officers face no personal financial risk.

The insurance model closes that gap. It creates skin in the game for officers and departments simultaneously. It is market-driven — no new regulatory agency required. And it scales: a national licensing standard tied to insurance eligibility would apply pressure across every jurisdiction without federal mandate.

This is how accountability becomes durable — not through a court decision that can be reversed, but through a financial structure that makes misconduct personally costly to the people who choose it.

A Public Registry of Government Actors Who Have Caused Civil Rights Harms

The sex offender registry model applied where accountability currently has no memory.

One of the most persistent failures in law enforcement and child welfare accountability is institutional amnesia. An officer with a documented history of civil rights violations in one department is terminated — and hired by another department in the next county, with no record following them. A CPS worker with substantiated findings of misconduct transfers agencies. A guardian ad litem with a pattern of recommending custody transfers to abusive parents continues to be appointed.

The registry concept addresses this directly: a searchable, publicly accessible database of government actors who have been found — through civil judgment, administrative finding, or substantiated complaint — to have violated the civil rights of people in their care or custody. Searchable by name, by jurisdiction, by type of violation. Maintained at the state level with federal cross-referencing.

This is not a criminal registry. It does not require a conviction. It requires a finding — the same standard used to terminate employment, revoke professional licenses, or deny security clearances. The information is already created in civil court records and administrative proceedings. The registry simply makes it accessible to the public who is served by these actors, and to the departments that hire them.

A right you cannot enforce is not a right. A finding of misconduct that no one can find is not accountability. It is the appearance of accountability — which is what the system has been providing for decades.
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