End qualified immunity in California

Case Studies

Bills and Legislation

Introduced in 2021

Passed

This bill, first introduced in December 2020 and signed into law by Governor Newsom in September 2021, amends the "Tom Bane Civil Rights Act." Most meaningfully, the amendment creates a process to revoke peace officer certifications, require agencies to investigate claims of conduct internally and report findings of such investigations, and removes some immunity provisions. However, the statewide law still does not include all violations of the constitution on a state level. This limits cause of action to physical force, threats, or violence or the threat of physical force, threats, or violence.

Legislation details Graded rubric

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(2/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes, the bill states, **The state immunity provisions provided in Sections 821.6, 844.6, and 845.6 of the Government Code shall not apply to any cause of action brought against any peace officer or custodial officer**, as those terms are defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or directly against a public entity that employs a peace officer or custodial officer, under this section."

  • ✗
    Ends Qualified Immunity for all public employees

    No, the bill does not meet this standard.

  • ✗
    Ends Qualified Immunity for all state constitutional violations

    No, the bill does not meet this standard.

  • ✓
    Ends monetary caps on all public liability amounts

    Yes, the bill states, “Any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, as described in subdivision (b), **may institute and prosecute in their own name and on their own behalf a civil action for damages, including, but not limited to, damages under Section 52, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured, including appropriate equitable and declaratory relief to eliminate a pattern or practice of conduct as described in subdivision (b)**.

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(3/5legislation passed)

  • ✗
    Implements a failure-to-intervene clause

    No, the bill does not meet this standard.

  • ✓
    Guarantees that victims are compensated the full amount awarded

    Yes, the bill states, "Sections 825, 825.2, 825.4, and 825.6 of the Government Code, **providing for indemnification of an employee or former employee of a public entity, shall apply to any cause of action brought under this section against an employee or former employee of a public entity**."

  • ✓
    Starts attorney fees

    Ye, the bill states, "...In addition to any damages, injunction, or other equitable relief awarded in an action brought pursuant to subdivision (c),** the court may award the petitioner or plaintiff reasonable attorney’s fees**."

  • ✓
    Starts holding individual employees accountable

    Yes, the bill states "An action brought by the Attorney General, any district attorney, or any** city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section **and the penalty shall be awarded to each individual whose rights under this section are determined to have been violated."

  • ✗
    Starts disclosing public records

    No, the bill does not meet this standard.

Case studies in California

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

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