ACTION ALERT – WORK SESSION

HB 4111 – would create a civil course of action against federal law enforcement agents or law enforcement from another state.

While the bill makes token exceptions, such as when “the release of sufficient identification may compromise the integrity of an authorized investigation,” prosecutors will find ways around this broad language and target law enforcement when they feel it is politically expedient. Officers should be able to focus on their jobs instead of being worried about being repeatedly slapped with a lawsuit.

CONTACT COMMITTE AND EMAIL LEGISLATORS 

ACTIONABLE CONDUCT:

Constitutional violations – Officers can be sued under federal law (42 U.S.C. § 1983) when they violate rights protected by the Constitution or federal laws while acting “under color of law.”

Common state law torts include false arrest, false imprisonment, malicious prosecution, assault, battery, and wrongful death.

Specific violations that trigger civil liability include:

• Excessive use of force
• Discriminatory harassment, stops, or arrests
• False arrests
• Coercive sexual conduct
• Retaliation against persons alleging misconduct
• Racial profiling or discrimination based on protected characteristics

The burden of proof in civil suits is lower than criminal cases – plaintiffs need only prove their case by a preponderance of the evidence (51%).