Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1811

Introduced
2/5/24  

Caption

Constitutional rights; providing for liability for violation of constitutional rights; authorizing action for certain relief; prohibiting application of certain immunity. Effective date.

Impact

The bill is designed to amend the way in which claims against government entities are handled, thereby promoting accountability while also protecting individual employees from personal financial liability. The court's ability to dismiss frivolous claims is also reinforced, mandating that prevailing parties in claims are compensated for reasonable attorney fees and litigation costs. Thus, SB1811 emphasizes the importance of upholding constitutional rights while also establishing guidelines on how such claims are adjudicated within the judicial system of Oklahoma.

Summary

Senate Bill 1811 is a legislative proposal aimed at establishing a statutory framework around the liability of government employers for the actions of their employees that violate constitutional rights. Under this bill, if a government employee, while acting under the color of law, infringes upon an individual's constitutional rights, the government employer is held liable for the injury caused, thereby allowing aggrieved persons to seek legal, equitable, or other forms of relief through the courts. Importantly, individual government employees cannot be held financially liable for the violations they commit, shifting the financial responsibility to the employing government entity.

Contention

However, the bill raises notable points of contention, particularly regarding the prohibition of class action suits. Critics may argue that this restriction limits collective action on constitutional violations, possibly undermining the ability of broader community grievances to be addressed effectively in court. Furthermore, eliminating common law doctrines and establishing a strict three-year timeline for filing claims could either expedite resolution or dissuade potential claims if individuals are unaware of the legal processes available to them. This juxtaposition raises concerns about the balance between protecting government employees and ensuring access to justice for those whose rights may be violated.

Companion Bills

No companion bills found.

Previously Filed As

OK SB131

Schools; amending the Parents' Bill of Rights; providing for civil action; modifying certain rights. Effective date. Emergency.

OK SB613

Health care; prohibiting gender transition procedures for children; authorizing certain civil actions and relief; licensure; adding violations and penalties. Emergency.

OK SB786

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief. Effective date.

OK SB455

Federal actions; prohibiting implementation or enforcement of certain federal actions found unconstitutional. Effective date.

OK HB1631

Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; codification; effective date.

OK SB823

Firearms; removing certain prohibition; prohibiting certain policy or rule. Effective date.

OK SB787

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief. Effective date.

OK HB2481

Labor; creating the Civil Liability for Employers Hiring Ex-Offenders Act; prohibiting causes of actions against certain entities; effective date.

OK SB788

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.

OK SB789

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.

Similar Bills

No similar bills found.