End qualified immunity in Arizona

Case Studies

Bills and Legislation

Failed

Originally introduced in the 2021 legislative session, this bill died in committee because the Republican majority refused to consider a vote. This bill was one of many police reform bills introduced by Democrats that did not get voted out of committee. When introduced in 2022, it did not move past the first committee reading.

Legislation details Graded rubric

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(3/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes. The proposed legislation states, “QUALIFIED IMMUNITY IS NOT A DEFENSE TO LIABILITY PURSUANT TO THIS SECTION.” “NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER WHO, IN THE PERFORMANCE OF THE PEACE OFFICER'S DUTIES OR THE FAILURE TO INTERVENE, SUBJECTS ANOTHER PERSON OR CAUSES ANOTHER PERSON TO BE SUBJECTED TO THE DEPRIVATION OF ANY INDIVIDUAL RIGHT THAT CREATES A BINDING OBLIGATION ON A GOVERNMENT ACTOR AND THAT IS SECURED BY THE RIGHTS ENUMERATED IN THE DECLARATION OF RIGHTS, ARTICLE II, CONSTITUTION OF ARIZONA, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR EQUITABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF."

  • ✗
    Ends Qualified Immunity for all public employees

    No. The proposed legislation does not end qualified immunity for all public employees. It states, “NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER WHO, IN THE PERFORMANCE OF THE PEACE OFFICER'S DUTIES OR THE FAILURE TO INTERVENE, SUBJECTS ANOTHER PERSON OR CAUSES ANOTHER PERSON TO BE SUBJECTED TO THE DEPRIVATION OF ANY INDIVIDUAL RIGHT THAT CREATES A BINDING OBLIGATION ON A GOVERNMENT ACTOR AND THAT IS SECURED BY THE RIGHTS ENUMERATED IN THE DECLARATION OF RIGHTS, ARTICLE II, CONSTITUTION OF ARIZONA, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR EQUITABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF.”

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes. The proposed legislation states, "notwithstanding any other law, a peace officer who, in the performance of the peace officer's duties or the faillure to intervene, subjects another person or causes another person to be subjected to the deprivation of any individual right that creates a binding obligation on a government actor and that is secured by the rights enumerated in the declaration of rights, Article II, Constitution of Arizona, is liable to the injured party for legal or equitable relief or any other appropriate relief."

  • ✓
    Ends monetary caps on all public liability amounts

    Yes. The proposed legislation does not place a monetary cap on public liability amounts. Damage caps are unconstitutional in the state of Arizona.

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(4.5/5legislation passed)

  • ✓
    Implements a failure-to-intervene clause

    Partially. The proposed legislation addresses officer intervention, but does not require reporting an intervention, stating that, “NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER WHO, IN THE PERFORMANCE OF THE PEACE OFFICER'S DUTIES OR THE FAILURE TO INTERVENE, SUBJECTS ANOTHER PERSON OR CAUSES ANOTHER PERSON TO BE SUBJECTED TO THE DEPRIVATION OF ANY INDIVIDUAL RIGHT THAT CREATES A BINDING OBLIGATION ON A GOVERNMENT ACTOR AND THAT IS SECURED BY THE RIGHTS ENUMERATED IN THE DECLARATION OF RIGHTS, ARTICLE II, CONSTITUTION OF ARIZONA, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR EQUITABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF.”

  • ✓
    Guarantees that victims are compensated the full amount awarded

    Yes. The proposed legislation states that "notwithstanding any provision of this section, if the peace officer's portion of the judgement is uncollectable from the peace officer, the peace officer's employer or insurer shall satisfy the full amount of the judgement or settlement."

  • ✓
    Starts attorney fees

    Yes. The proposed legislation states, “IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, A COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING PLAINTIFF. IN AN ACTION FOR INJUNCTIVE RELIEF, A COURT SHALL DEEM A PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF'S SUIT WAS A SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE RESULTS SOUGHT BY THE LITIGATION.”

  • ✓
    Starts holding individual employees accountable

    Yes. The proposed legislation holds individual employees financially accountable. It states: "If the peace officer did not act on a good faith and reasonable belief that the action was lawful, the peace officer is personally liable and may not be indemnified by the peace officer's employer for five percent of the judgment of settlement or $25,000, whichever is less."

  • ✓
    Starts disclosing public records

    Yes. Under Arizona Statutes §§ 39-121 - 39-128 and § 38-1109, police disciplinary records are available to the public provided the internal investigation has closed and any appeals process has concluded. In 1998, the Arizona Court of Appeals found in Bolm v. Custodian of Records of the Tucson Police Department that while official records of discipline are public, other personnel evaluations or internal affairs investigation records may still potentially be withheld on privacy grounds.

Case studies in Arizona

Qualified immunity impacts everyone. Officers in your state are violating community members’ rights without consequence.

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