“Schwartz found that cops were not actually on the hook for damages or settlements in civil rights cases even when their employers decided that their conduct warranted discipline or dismissal. They were not on the hook even when prosecutors decided that their conduct warranted criminal charges. Yet Trump claims that cops “avoid any conflict” and are “afraid to do anything” because they worry that frivolous lawsuits will ruin them financially.
In reality, even meritorious lawsuits often do not get far enough that the defendants need the indemnification they would virtually always receive. Under 42 USC 1983, victims of police abuse theoretically can seek damages for violations of their constitutional rights. But thanks to qualified immunity, a restriction that the Supreme Court grafted onto that statute, such lawsuits cannot proceed unless they allege conduct that violated “clearly established” law. In practice, that means plaintiffs must locate precedents with closely similar facts, a requirement that can block lawsuits when police behave in ways that even Donald Trump might consider beyond the pale.”
https://reason.com/2023/12/22/trumps-promise-to-indemnify-cops-against-any-and-all-liability-is-absurd-for-2-reasons/