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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2531 By: Humphrey
AS INTRODUCED
An Act relating to qualified immunity; prohibiting
law enforcement officers from being liable for
monetary damages unde r certain circumstances;
prohibiting state and political subdivisions from
being liable under certain circumstances; providing
guidelines for plaintiffs when asserting claims of
alleged violations; providing for immediate appeals
when qualified immunity de nied; stating applicability
of provision; 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 152.4 of Title 51, unless there
is created a duplication in numbering, reads as follows:
A. A law enforcement officer of the state or a political
subdivision of the state subject to a claim brought under The
Governmental Tort Claims Act shall not be liable for monet ary
damages if any of the following apply:
1. The right, privilege, or immunity secured by law was not
clearly established at the time of the alleged deprivation, or at
the time of the alleged deprivation the state of the law was not
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sufficiently clear th at every reasonable employee would have
understood that the conduct all eged constituted a violation of law;
or
2. A court of competent jurisdiction has issued a final
decision on the merits hol ding, without reversal, vacatur, or
preemption, that the spec ific conduct alleged to be unlawful was
consistent with the law .
B. The state or a political subdivision of the state shall not
be liable for any claim brought under The Governmental Tort Claims
Act where the law enforcement officer was determined to be protected
by qualified immunity under the provisions of subsection A of this
section.
C. A plaintiff who brings a claim under The Governmental Tort
Claims Act alleging a violation of the law must state with
particularity the circumstances constituting the violation and t hat
the law was clearly established at the time of the al leged
violation. Failure to plead a plausible violation or failure to
plead that the law was clearly established at the ti me of the
alleged violation shall result in dismissal with prejudice.
D. Any decision by the district court denying qualified
immunity shall be immediately appealable.
E. This section shall apply in addition to any other statutory
or common law immunity.
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SECTION 2. This act shall become effective November 1, 2023.
59-1-5544 GRS 12/16/22