2022: Qualified Immunity

The National Police Accountability Project was proud to support our members' work in spearheading California Senate Bill 731, authored by California Senator Bradford (D-Los Angeles).  Qualified immunity at the federal level has prevented victims of police violence and misconduct from achieving accountability and justice.  Federal lawmakers have not been able to limit the reach of qualified immunity, but state legislators in California can act to eliminate immunity for police officers.

Louisiana House Bill 609 (HB609), introduced by Representative Edmond Jordan on April 2 and amended in a Committee on Civil Law and Procedure on May 4, would create a process for Louisianans to sue police officers, corrections officers, contractors, court security and other peace officers for excessive force and other violations of individual rights.

House Bill 4 (HB 4) creates the “New Mexico Civil Rights Act.” The Act gives a person who claims deprivation of “rights, privileges or immunities” secured by the New Mexico Constitution the right to bring a lawsuit in state district court and recover actual damages and injunctive relief. In addition to actual damages, the Act provides that a person who prevails in a lawsuit brought under the Act is entitled to an award of reasonable attorney fees and litigation expenses.

LA HB 702 will provide victims of civil rights abuses with a path to sue law enforcement officers in state court without the shield of qualified immunity.

Vermont S 250 or the Act relating to enhanced administrative and judicial accountability of law enforcement officers would create a process for Vermonters to sue police officers, corrections officers, contractors, court security and other peace officers for excessive force and other violations of individual rights. 

NY S1991 / A4331 or the End Qualified Immunity Act removes the special protection of qualified immunity for law enforcement officers in the state of New York, including police officers, corrections officers, and state and municipal government employees. Currently, qualified immunity prevents victims of police violence and abuse of power from suing the offending officers in civil courts. This act ensures these victims have access to justice and increases public safety for all.

WA HB 1202 or the Peace Officer Accountability Act (POAA) eliminates obstacles to civil liability for law enforcement officers who engage in misconduct by creating a new legal path to hold officers accountable. The POAA also makes departments liable for bad hiring, inadequate training, and negligent disciplining. Additionally, the POAA expands access to justice by allowing attorney’s fee and cost recovery if the victim wins their lawsuit, and it allows the Attorney General’s office to investigate and bring a lawsuit to address patterns of wrongdoing by officers and departments.

MA H 1479 or the Act to Remove Qualified Immunity for Civil Rights Violations provides victims of civil rights abuses with a path to sue police in state court without the shield of qualified immunity.