eNews: Action Alert – Jan. 26, 2021

Tuesday, January 26, 2021 - 02:35pm

Oppose HB 2045 (Bourne)
Erosion of Qualified and Sovereign Immunity for Law Enforcement

Action needed before 11:00AM tomorrow (Jan. 27)

VML is urging our members to contact their delegations and members of the House Courts of Justice, Civil subcommittee immediately (see below) to express opposition to HB 2045 (Bourne) which would erode qualified and sovereign immunity for law enforcement.

Summary

HB 2045 (Bourne) creates a state civil cause of action for depravation of any person’s constitutional rights, privileges, or immunities by a law enforcement officer, including failure to intervene.
The bill creates liability for the law enforcement officer and any public or private employer that employs or contracts with the law enforcement officer.
This proposed legislation provides for compensatory damages, punitive damages, attorney’s fees and other types of relief and penalties. The bill also provides for individual liability of up to $25,000 for the law enforcement officer in certain situations.
HB 2045 prohibits the use of both sovereign immunity and qualified immunity defenses and prohibits any limitation of liability or damages.
This bill creates liability for hiring, supervision, training, retention and use of police officers. The resulting effect of HB 2045 is that it creates a cause of action for every action or interaction a law enforcement officer has.

Concerns / Key Points

Law Enforcement Hiring, Retention, and Training
- This would have a chilling effect on the hiring and retention of law enforcement/correctional officers.
- It will be impossible to train for an unspecified standard of care.
Drastic Increases in Costs
- Local Government would be vicariously liable for law enforcement and be subject to greater financial risk and increased frivolous litigation.
- Law enforcement officers would have personal liability.
- It will be extremely costly if not impossible to insure for this new unlimited liability.
Rippling Effects in the Community
- There would be a chilling effect on use of law enforcement for private or community events and businesses.
  - This includes private security at churches, high school sporting events, concerts, raceways, etc.
- Substantial obstacle to the provision of needed public services.
  - In terms of officers doing their jobs, maintaining staffing #s, etc.
  - Officers will be less likely to initiate an encounter with a citizen because of the potential for personal liability.
- Officers cannot be expected to be legal scholars or think through legal arguments when attempting to perform their duties
Dramatic erosion of existing laws, which already provide the protections sought by these bills.
- Officers do not have absolute immunity, and they can be held liable when they violate a clearly established constitutional right.

View/Download the one-sheet here >

View/Download additional talking points and information here >

Action Requested

The subcommittee members (see below) need to hear from local officials on this issue.
We urge local officials to contact to let them know that their locality opposes the erosion of qualified and sovereign immunity for law enforcement.
It is important that legislators hear directly from local officials.

Members of the House Courts of Justice, subcommittee: Civil

VML Contact: Michelle Gowdy, mgowdy@vml.org