Provides relative to liability for certain actions by peace officers
Impact
If enacted, HB 702 would significantly impact the legal landscape concerning peace officers' conduct by eliminating or limiting qualified immunity defenses in civil liability cases where constitutional rights violations are evident. This means that peace officers can be held personally liable for their actions that violate individuals' rights, potentially leading to an increase in civil litigation against law enforcement. The bill also provides for the recovery of reasonable attorney fees for prevailing plaintiffs, encouraging victims of rights violations to pursue legal action.
Summary
House Bill 702 aims to amend existing laws regarding the civil liability of peace officers in Louisiana for actions taken while performing their duties. Specifically, it introduces provisions that allow individuals to seek damages when a peace officer deprives them of their constitutional rights. The bill seeks to hold peace officers accountable for unlawful actions or for failing to intervene in such unlawful actions, thus breaking the traditional protective shield of qualified immunity that peace officers typically enjoyed under Louisiana law.
Sentiment
The sentiment around HB 702 appears to be mixed. Supporters argue that it is a necessary step towards accountability and that it empowers individuals whose constitutional rights have been violated by peace officers. They claim that the bill will deter misconduct among police officers and promote more responsible policing. Conversely, opponents express concerns that the bill could deter police from performing their duties out of fear of legal repercussions, potentially undermining public safety.
Contention
Notable points of contention regarding HB 702 include the potential chilling effect it may have on police officers' willingness to act in high-stress situations. Critics warn that if police fear civil liability, they might hesitate or fail to intervene in critical situations for fear of retribution. Additionally, the bill proposes that peace officers' employers indemnify them against liability in many cases, which could further fuel discussions about public funding and resource allocation for law enforcement.
Provides for immunity from civil liability under certain circumstances for peace officers and public entities that employ or appoint peace officers (Item #13) (EN DECREASE SG EX See Note)
Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; prohibiting the assertion of qualified immunity as a defense to liability. Effective date.