End qualified immunity in Georgia

Yes, section 2-1 of the bill states, “(b) Notwithstanding any other provision of law, **a law enforcement officer** who, under color of law, subjects or causes to be subjected any other person to the deprivation of any individual rights secured by the Constitution of this state or the Constitution of the United States by, including, but not limited to, failing to intervene, **shall be liable to the injured party for legal or equitable relief or any other appropriate relief**. (c) **No statutory immunities or immunities at law, including, but not limited to, qualified immunity, shall be a defense to liability pursuant to this Code section**."

Yes, section 1-3 of the bill states, "(a)** A state officer or employee **who, under color of law, subjects or causes to be subjected any other person to the deprivation of any individual rights, privileges, or immunities secured by the Constitution or laws of this state or of the United States by, including, but not limited to, failing to intervene, **shall be liable to the injured party for legal or equitable relief or any other appropriate relief.**"

Yes, section 1-3 of the bill states, "A state officer or employee who, under color of law, subjects or causes to be **subjected any other person to the deprivation of any individual rights, privileges, or immunities secured by the Constitution or laws of this state or of the United States**."

No, the bill does not meet the standard.

The bill partially meets the standard. The bill requires officers and public employees to intervene, but does not require them to report such instance. Section 2-1 states "Notwithstanding any other provision of law, a law enforcement officer who, under color of law, subjects or causes to be subjected any other person to the deprivation of any individual rights secured by the Constitution of this state or the Constitution of the United States by, **including, but not limited to, failing to intervene**, shall be liable to the injured party for legal or equitable relief or any other appropriate relief.”

No, the bill does not meet the standard.

No, the bill does not meet the standard.

No, the bill does not meet the standard.

Yes, under the Georgia Open Records Act, law enforcement misconduct records are available to the public unless the investigation into the misconduct is active and ongoing.

Yes, section 3-3 of the bill states, "(b) **A law enforcement officer** who, under color of law, subjects or causes any other person to be subjected to the deprivation of any individual rights secured by the Constitution of this state or by the Constitution of the United States by, including, but not limited to, failing to intervene, shall be liable to the injured party for legal or equitable relief or any other appropriate relief. (c) **No statutory immunities or immunities at law, including, but not limited to, qualified immunity, shall be a defense to liability pursuant to this Code section.**"

No, the bill does not meet the standard.

Yes, section 3-3 of the bill states, " A law enforcement officer who, under color of law, subjects or causes any other person to be subjected to the deprivation of any individual rights secured by the Constitution of this state or by the Constitution of the United States by, including, but not limited to, failing to intervene, shall be liable to the injured party for legal or equitable relief or any other appropriate relief. (c) **No statutory immunities or immunities at law, including, but not limited to, qualified immunity, shall be a defense to liability pursuant to this Code section.**"(c) No statutory immunities or **immunities at law**, including, but not limited to, qualified immunity, shall be a defense to liability pursuant to this Code section."

No, the bill does not meet the standard and existing state law has a cap on damages for $1 million per person. (O.C.G.A. § 50-21-29).

Yes, section 3-3 of the bill states, "50-21-25.1. (b) A law enforcement officer who, under color of law, subjects or causes any other person to be subjected to the deprivation of any individual rights secured by the Constitution of this state or by the Constitution of the United States by, including, **but not limited to, failing to intervene, shall be liable to the injured party for legal or equitable relief or any other appropriate relief.**" Section 2-1 of the bill states, "35-11-6. (a) **A law enforcement officer shall file a complaint in conformance with the duty to intervene and whenever he or she observes another law enforcement officer engage in conduct that violates the duty to safeguard life.** (b) Law enforcement officers who file a complaint pursuant to subsection (a) of this Code section or who otherwise act in furtherance of subsection (a) of this Code section shall not be disciplined or retaliated against, either directly or indirectly, for filing such complaint. It shall be presumed that any disciplinary or retaliatory action taken against a police officer close in time after he or she files a complaint shall be in violation of this subsection."

No, the bill does not meet the standard.

Yes, section 3-3 of the bill states, "(d) To the extent necessary for any actions to proceed under this Code section, the defense of sovereign immunity is waived as to any claim, counterclaim, cross-claim, or third-party claim brought in the courts of this state **by an aggrieved person seeking legal or equitable relief or any other appropriate relief, including, but not limited to, reasonable attorney fees,** pursuant to this Code section."

No, the bill does not meet the standard.

Yes, Georgia’s Open Records Act currently allows access to police records for cases that are not ongoing or in process.

Yes, section 2-1 of the bill states, “(b) Notwithstanding any other provision of law,** a law enforcement officer **who, under color of law, subjects or causes to be subjected any other person to the deprivation of any individual rights secured by the Constitution of this state or the Constitution of the United States by, including, but not limited to, failing to intervene, shall be liable to the injured party for legal or equitable relief or any other appropriate relief. (c) **No statutory immunities or immunities at law, including, but not limited to, qualified immunity, shall be a defense to liability pursuant to this Code section.**"

Yes, section 1-3 of the bill states, "(a)** A state officer or employee** who, under color of law, subjects or causes to be subjected any other person to the deprivation of any individual rights, privileges, or immunities secured by the Constitution or laws of this state or of the United States by, including, but not limited to, failing to intervene, **shall be liable to the injured party for legal or equitable relief or any other appropriate relief.**"

Yes, section 1-3 of the bill states, "A state officer or employee who, under color of law, subjects or causes to be subjected any other person to the **deprivation of any individual rights, privileges, or immunities secured by the Constitution or laws of this state or of the United States**..."

No, the bill does not meet the standard.

The bill partially meets the standard. The proposed legislation requires officers and public employees to intervene, but does not require them to report such instances. Section 2-1 of the bill states, "Notwithstanding any other provision of law, a law enforcement officer who, under color of law, subjects or causes to be subjected any other person to the deprivation of any individual rights secured by the Constitution of this state or the Constitution of the United States by,** including, but not limited to, failing to intervene**, shall be liable to the injured party for legal or equitable relief or any other appropriate relief.”

No, the bill does not meet the standard.

No, the bill does not meet the standard.

No, the bill does not meet the standard.

Yes, under the Georgia Open Records Act, law enforcement misconduct records are available to the public unless the investigation into the misconduct is active and ongoing.