• About
  • Contact

Virginia Municipal League

Building Better Communities Through Sound Government

BETTER COMMUNITIES THROUGH SOUND GOVERNMENT

  • Organization
    • About the League
      • Strategic vision and goals
      • Benefits of VML Membership
      • Directions to the VML office
    • Board of Directors
      • Executive Meeting Packets
      • Serving on the Executive Board
      • VML Past Presidents
    • League Staff
    • Local Government Members
      • Benefits of VML Membership
    • Affiliate Organizations
    • VML/VACo APCO Steering Committee
      • VML/VACO APCo Steering Committee Board
    • Partners
  • Member Resources
    • General Assembly
    • ARPA Resources
    • Publications
    • Presentations
    • General Forum
    • Account
    • Reset Password
  • Education
    • Events >
      • 2023 Local Government Day
      • Virginia Local Elected Officials Conference
      • Annual Conference >
        • 2022 Annual Conference
        • 2021 Annual Conference
        • 2020 Annual Conference
        • Past Annual Conference Programs
        • Future Conference Dates
      • Virginia Mayors Institute >
        • 2022 Virginia Mayors Institute
        • 2021 Virginia Mayors Institute
        • 2020 Virginia Mayors Institute
      • 2022 Hurricane Season Briefing
      • ARPA Monitoring & Reporting Compliance Webinar
    • Essay Contest
      • Essay Contest Past Winners
    • Civility. Respect. Solutions.
    • American Rescue Plan Act Resources
    • Coronavirus Resources
    • Innovation Awards
      • Innovation Award Past Winners
    • Virginia You Love: 2022 Survey Contest
    • Racial Inequality – Local Statements
    • Wallerstein Scholarship
  • Advocacy
    • 2023 General Assembly
      • 2022 GA Resources
      • 2021 GA Resources
      • 2020 GA Resources
    • 2023 Local Government Day
      • 2022 Local Government Day
      • 2021 Local Government Day
    • Legislative Program
    • Legislative Committee
    • Policy Statements
    • Policy Committees
      • Community & Economic Development
      • Finance
      • General Laws
      • Human Development & Education
      • Infrastructure, Transportation & Environmental Quality
    • State Budget Overview Session
    • Local Federal Issues
    • Federal Advocacy
  • Media
    • VTC Magazine
    • eNews Newsletter
    • VML Voice Podcast
      • Subscribe: The VML Voice
    • Get the VML APP
    • Legal Resources
    • Local Officials’ Resources Series
    • Other Publications
    • News Releases
  • Calendar
  • Classifieds
    • Job Openings
    • Create Jobs
  • Corporate Engagement
    • Community Business Membership
      • Community Business Members Listings
    • Advertising with VML
    • Terms & Conditions
  • eNews
  • Town and City
  • Subscribe: The VML Voice
  • Legal Resources
  • Local Officials’ Resources Series
  • Other publications
  • News Releases

eNews: Action Alert – Jan. 28, 2021

Thursday, January 28, 2021 - 09:04pm

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

Action needed before 11:00 AM tomorrow (Jan. 29)

There is still time to make your voice heard in opposition to this harmful erosion of qualified and sovereign immunity for law enforcement!

We previously communicated about this bill earlier this week when it was slated to appear before the House Courts of Justice Sub-Committee: Civil.  However, the bill is now scheduled to be taken up by the same sub-committee tomorrow (Jan. 29) at 11:00 AM.

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 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

  • Bourne (Chair)
  • Hope
  • Simon
  • Sullivan
  • Heretick
  • Kilgore
  • Leftwich
  • Miyares
  • Herring

VML Contact: Michelle Gowdy, mgowdy@vml.org

 

Comments and questions about this website or the data provided may be addressed to Manuel Timbreza
©2023 Virginia Municipal League
Virginia Municipal League
P.O. Box 12164, Richmond, VA 23241
13 E. Franklin St., Richmond, VA 23219
804-649-8471

Copyright © 2023 · Genesis Framework · WordPress · Log in

Terms and Conditions