Tennessee Senate Bill SB1514

Tennessee 2023-2024 Regular Session

• Introduced: 2/2/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 29 and Title 38, Chapter 8, relative to claims against law enforcement officers.

Impact

One of the most notable impacts of SB1514 is the elimination of several statutory immunities that typically protect law enforcement officers from civil liability. Specifically, the bill makes it clear that qualified immunity cannot be used as a defense in these civil actions. Thus, plaintiffs have a broader pathway to seek justice and potentially recover damages for rights violations, which fundamentally alters the current paradigm of accountability for law enforcement actions within Tennessee.

Summary

Senate Bill 1514 aims to significantly amend Tennessee Code Annotated regarding claims against law enforcement officers. The bill introduces a new chapter that allows injured parties to file civil actions against law enforcement officers who infringe upon individual rights secured by the Tennessee Constitution. This legislative change represents a shift in the legal landscape regarding accountability for law enforcement actions, particularly under the color of law, and establishes clear provisions for when these officers may be held liable.

Contention

The bill has engendered considerable discussion around the implications of abolishing qualified immunity for law enforcement. Advocates for SB1514 argue that it enhances public trust in law enforcement by holding officers accountable for misconduct, while opponents express concerns that it may lead to undue burdens on law enforcement and impede their ability to effectively perform their duties. The discussion around indemnification is also contentious; the bill stipulates that a law enforcement officer’s employer would typically indemnify them against claims unless the officer acted with bad faith or outside the law, raising concerns about incentivizing reckless or unlawful behavior within law enforcement agencies.