eNews: Action Alert – Jan. 31, 2021

Sunday, January 31, 2021 - 03:36pm

Oppose SB1440 (Surrovell)
Law enforcement officers may be sued for reasonable actions

Action needed before 8:00 AM tomorrow (Feb. 1)

VML urges our members to contact the members of the Senate Judiciary Committee before Monday to express opposition to SB1440 (Surovell) which would have the effect of making it possible for a law enforcement officer to be sued for reasonable actions.

Summary

The language of SB1440 essentially negates the sovereign immunity defense by doing the following:

Creates a civil cause of action for the unlawful use of force or failure to intervene by a correctional officer or law enforcement officer who violates Chapter 7.1 of Title 19.2 (regarding use of force, failure to intervene, prohibited practices etc.) during the performance of their duties.
Makes an officer’s public or private employer liable if the events occur in the ordinary course of the employers’ business.
Provides for recovery of compensatory damages, punitive damages and attorney’s fees and costs.

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 Senate Judiciary Committee members (see below) need to hear from local officials on this issue before 8:00AM on Monday, Feb. 1.
We urge local officials to contact to let them know that their locality opposes this erosion of qualified and sovereign immunity for law enforcement.
It is important that legislators hear directly from local officials.

Members of the Senate Judiciary Committee:

VML Contact: Michelle Gowdy, mgowdy@vml.org