End qualified immunity in Florida

Case Studies

Bills and Legislation

Introduced in 2021

Failed

HB 261, introduced in Florida in 2021, aimed to address the doctrine of qualified immunity. The bill sought to create more accountability by limiting this legal protection, especially in cases involving the violation of constitutional rights. Although the bill ultimately died in committee, its sponsor, Sen. Shevrin Jones, emphasized the importance of initiating discussions on the issue, stating, “We believe starting the conversation to put an end to the doctrine of qualified immunity is something that we in the state of Florida should start to look at.”

Legislation details Graded rubric

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(1/4legislation passed)

  • ✗
    Ends Qualified Immunity for all law enforcement officers

    No, the bill does not meet this standard. It contains a "good faith" carve-out that does not end qualified immunity as a defense. Section 1 states, "It is an affirmative defense to liability under this section if a jury determines that the **officer**, employee, or agent **was acting in good faith and believed his or her conduct was lawful**."

  • ✗
    Ends Qualified Immunity for all public employees

    No, the bill does not meet this standard. It contains a "good faith" carve-out that does not end qualified immunity as a defense. Section 1 states, "It is an affirmative defense to liability under this section if a jury determines that the officer,** employee, or agent** **was acting in good faith and believed his or her conduct was lawful."**

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes, section 1 of the bill states, "any individual within the jurisdiction thereof to the **deprivation of any rights, privileges, or immunities secured by the United States Constitution or the State Constitution** is **liable to the party injured for legal and equitable relief** or any other proper redress."

  • ✗
    Ends monetary caps on all public liability amounts

    No, the bill does not meet the standard.

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(2/5legislation passed)

  • ✗
    Implements a failure-to-intervene clause

    No, the bill does not meet the standard.

  • ✗
    Guarantees that victims are compensated the full amount awarded

    No, the bill does not meet the standard. Section 3 of the bill states, "**payments for the full amount of the judgment **may be made **unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally.**"

  • ✓
    Starts attorney fees

    Yes, section 1 of the bill states, "In any action successfully brought under this section, **the court shall award reasonable attorney fees and costs to the prevailing plaintiff**. In any action brought under this section where injunctive relief is sought, the court shall deem the plaintiff to have prevailed if the plaintiff's action was a substantial factor in obtaining the results sought by the litigation."

  • ✗
    Starts holding individual employees accountable

    No, the bill does not meet the standard.

  • ✓
    Starts disclosing public records

    Yes, Florida's sunshine laws ensure that police misconduct records are publicly available.

Case studies in Florida

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

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