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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4157 By: Goodwin
AS INTRODUCED
An Act relating to torts; stating liability of peace
officers for injuries related to the deprivation of
certain rights; making statutory immunities and
limitations on liability, damages, and attorney fees
inapplicable to claims broug ht by plaintiffs;
prohibiting the assertion of qualified immunity as a
defense to liability; providing for the award of
reasonable attorney fees a nd costs; directing
employers to indemni fy peace officers under certain
circumstances; prohibiting indemnifica tion of peace
officers under certain circumstances; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 121 of Title 76, unless there is
created a duplication in numbering, reads as follows:
A. A peace officer, as defined in Section 99 of Title 21 of t he
Oklahoma Statutes, em ployed by the state or any political
subdivision of this state who, under color of law, subjects or
causes to be subjected, including failing to intervene, any other
person to the deprivation of any indiv idual rights that creat e
binding obligations on gove rnment actors secured by the Bill of
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Rights, Article II of the Oklahoma Constitution, is liable to the
injured party for legal or equitable relief or any other appropriate
relief.
B. Statutory immunities and statutory limitations o n liability,
damages, or attorney fees do not apply to claims brought p ursuant to
this section. The Governmental Tort Claims Act shall not apply to
claims brought pursuant to this section.
C. Qualified immunity is not a defens e to liability pursuant to
this section.
D. In any action brought pursuant to this section, a cour t
shall award reasonable attorney fees and costs to a prevailing
plaintiff. In actions for injunctive relief, a court shall deem a
plaintiff to have prevail ed if the lawsuit of the plai ntiff was a
substantial factor or significant catalyst in obtaining th e results
sought by the litigation. When a judgment is entered in favor of a
defendant, the court may award reasonable costs and attorney fees to
the defendant for defending any claims the court finds frivolou s.
E. The employer of the peace officer sh all indemnify its peace
officer for any liability incurred by the peace officer and for any
judgment or settlement entered against the peace officer for claims
arising pursuant to this sect ion; except that, if the employer of
the peace officer determines the peace officer did not act upon a
good-faith and reasonable belief that the action was lawful, then
the peace officer shall be personally liable and shall not be
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indemnified by the employer of t he peace officer for five percent
(5%) of the judgment or settl ement or Twenty-five Thousand Dollars
($25,000.00), whichever is less. Notwithstanding any provision of
this section to the contrary, if the peace officer's portion of the
judgment is uncollec tible from the peace off icer, the employer of
the peace officer or insurance provider shall satisfy the full
amount of the judgment or settlement . The peace officer shall not
be indemnified by the employer for any monet ary judgments or legal
expenses, including at torney fees, if the conduct of the peace
officer from which the claim arose constituted a criminal offense
and the peace officer was convicted of said criminal offense.
SECTION 2. This act shall become effective November 1, 2022.
58-2-10103 GRS 01/18/22