End qualified immunity in Colorado

Case Studies

Bills and Legislation

Passed

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(3/4legislation passed)

  • Ends Qualified Immunity for all law enforcement officers

    Yes. The statewide law states, "A peace officer, as defined in section 24-31-901 (3), who, under color of law, subjects or causes to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, Article II of the state constitution, is liable to the injured party... 2)(b) Qualified immunity is not a defense to liability pursuant to this section."

  • Ends Qualified Immunity for all public employees

    No. The statewide law does not end qualified immunity for all public employees.

  • Ends Qualified Immunity for all state constitutional violations

    Yes. The statewide law states, "A peace officer, as defined in section 24-31-901 (3), who, under color of law, subjects or causes to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, Article II of the state constitution, is liable to the injured party... 2)(b) Qualified immunity is not a defense to liability pursuant to this section."

  • Ends monetary caps on all public liability amounts

    Yes. The statewide law states, "Statutory immunities and statutory limitations on liability, damages, or attorney fees do not apply to claims brought pursuant to this section. The “Colorado Governmental Immunity Act”, Article 10 of Title 24, does not apply to claims brought pursuant to this section."

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(3.5/5legislation passed)

  • Implements a failure-to-intervene clause

    Partially meets. The statewide law includes that officers who fail to intervene are civilly liable, but are not required to report such instances. The statewide law states, "A peace officer, as defined in section 24-31-901 (3), who, under color of law, subjects or causes to be subjected, including failing to intervene... 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 statewide law states, "Notwithstanding any other provision of law, a peace officer's employer shall indemnify its peace officers for any liability incurred by the peace officer and for any judgement or settlement entered against the peace officer for claims arising pursuant to this section; except that, if the peace officer's employer determines that the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable and shall not be indemnified by the peace officer's employer for five percent of the judgement or settlement or twenty-five thousand dollars, whichever is less. Notwithstanding any provision of this section to the contrary, if the peace officer's portion of the judgement is uncollectible from the peace officer, the peace officer's employer or insurance shall satisfy the full amount of the judgement or settlement. A public entity does not have to indemnify a peace officer if the peace officer was convicted of a criminal violation for the conduct from which the claim arises."

  • Starts attorney fees

    Yes. Statewide law states that attorney fees are awarded to the plaintiff and that they're separate from money damages awarded.

  • Starts holding individual employees accountable

    Yes. The statewide law states, "(4)(a) . . . except that, if the peace officer’s employer determines on a case-by-case basis that the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable and shall not be indemnified by the peace officer’s employer for five percent of the judgment or settlement or twenty-five thousand dollars, whichever is less."

  • Starts disclosing public records

    No. The law is silent on provisions regarding public disclosure of records and the Colorado Open Records Act exempts personnel records from disclosure.

Case studies in Colorado

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

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