Oklahoma House Bill HB4157

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Torts; stating liability of peace officers for injuries; effective date.

Impact

Under this bill, claims against peace officers will not be subject to protections typically provided by the Governmental Tort Claims Act, meaning individuals can pursue claims without the burden of limited liability thresholds. With qualified immunity no longer available as a defense, peace officers could face greater personal accountability in scenarios where their actions lead to rights violations. This move aims to enhance legal recourse for individuals adversely affected by police conduct, signifying a shift towards holding law enforcement more accountable in the state of Oklahoma.

Summary

House Bill 4157, proposed by Representative Goodwin, introduces significant changes to the liability of peace officers concerning the deprivation of individual rights as defined by the Oklahoma Constitution. The bill removes statutory immunities and limitations on liability traditionally enjoyed by peace officers, creating a pathway for injured parties to seek legal or equitable relief directly from them. This fundamentally alters the landscape of accountability for peace officers within the state, implying a potential increase in civil litigation against these officers.

Contention

While supporters of HB 4157 argue it is a necessary rebuke against systemic issues within law enforcement and enhances accountability, critics signal concerns about its implications for police morale and operational effectiveness. They argue that the threat of increased personal liability could deter officers from engaging in proactive policing. Furthermore, questions of potential overload on the judicial system due to a surge in civil suits against peace officers have been raised, sparking debate on balancing accountability with necessary law enforcement functions.