• About
  • Contact

Virginia Municipal League

Building Better Communities Through Sound Government

BETTER COMMUNITIES THROUGH SOUND GOVERNMENT

  • Organization
    • About the League
      • Directions to the VML office
    • Benefits of VML Membership
    • Strategic vision and goals
    • Executive Board
      • Executive Meeting Packets
      • Serving on the Executive Committee
    • Local Government Members
    • VML/VACo APCO Steering Committee
    • VML Emeritus Membership
    • League Staff
    • Affiliate Organizations
    • Partners
    • Go Green Virginia
  • Education
    • Racial Inequality – Local Statements
    • Coronavirus Resources
    • Local Champion Awards
    • Conferences
      • 2021 Newly Elected Officials Conference
      • 2021 Annual Conference
        • 2020 Annual Conference
      • 2021 Virginia Mayors Institute
        • 2020 Virginia Mayors Institute
      • Conference Sponsorship
      • 2019 Annual Conference – Roanoke
      • Broadband Summit
      • Future Conference Dates
      • Past Annual Conference Programs
    • Essay Contest
    • Workshops
      • Finance Forum
    • Innovation Awards
    • Wallerstein Scholarship
  • Advocacy
    • General Forum
      • Account
      • Reset Password
    • 2021 General Assembly
      • 2020 General Assembly Resources
      • Policy Statements
    • Legislative Program
    • 2021 Local Government Day
    • State Budget Overview Session
    • Local Federal Issues
    • Federal Advocacy
    • Legislative Committee
    • Policy Committees
      • Community & Economic Development
      • Environmental Quality
      • Finance
      • General Laws
      • Human Development & Education
      • Transportation
  • Publications
    • eNews
    • Town and City
    • Podcast: VML Voice
    • Legal Resources
    • Local Officials’ Resources Series
    • Other publications
    • News Releases
  • Calendar
  • Classifieds
    • Create Jobs
  • Corporate Engagement
    • Community Business Membership
      • Community Business Members Listings
    • Advertising with VML
    • Annual Conference Exhibits
    • Terms & Conditions
  • eNews
  • Town and City
  • Podcast: VML Voice
  • Legal Resources
  • Local Officials’ Resources Series
  • Other publications
  • News Releases
loading...

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:

  • Edwards (Chair)
  • Saslaw
  • Norment
  • Lucas
  • Obenshain
  • McDougle
  • Stuart
  • Stanley
  • Deeds
  • Petersen
  • Surovell
  • McClellan
  • Boysko
  • Morrissey
  • Peake

VML Contact: Michelle Gowdy, mgowdy@vml.org

 

Comments and questions about this website or the data provided may be addressed to Manuel Timbreza
©2021 Virginia Municipal League
Virginia Municipal League
P.O. Box 12164, Richmond, VA 23241
13 E. Franklin St., Richmond, VA 23219
804-649-8471

Copyright © 2021 · Genesis Framework · WordPress · Log in

Terms and Conditions