The existence of one problem doesn't preclude the existence of others. Both are problematic. The law being used to sue police officers - the Ku Klux Klan Act - came into being because the Federal Congress recognized that in certain states of the Union, police officers (and other public officers) were taking actions against the public that would never be prosecuted as crimes in those states, yet were egregious and in want of a remedy. The situation is not so different today.