End qualified immunity in Georgia

Yes. The proposed legislation ends qualified immunity for law enforcement officers. The proposed legislation 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. The proposed legislation ends qualified immunity for all public employees. The proposed legislation 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. The proposed legislation 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 proposed legislation places caps per occurrence.

Partially. The proposed legislation requires officers and public employees to intervene, but does not require them to report such instances. The legislation 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 proposed legislation does not guarantee that victims are compensated the full amount awarded.

No. The proposed legislation does not ensure that plaintiff’s attorney fees will be covered in the full amount.

No. The proposed legislation does not hold officers individually accountable.

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. The proposed legislation states that "(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 proposed legislation does not end qualified immunity for all public employees.

Yes. The proposed legislation is clear that qualified immunity or other immunities may not be used by law enforcement regarding the deprivation of individual rights laid out in state and federal constitutions. It states, "(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. Existing state law has a cap on damages for $1 million per person. (O.C.G.A. § 50-21-29)

Yes. The proposed legislation assigns liability to an officer who fails to intervene. It further requires an intervening officer to report the intervention, protecting them from retaliation. The legislation 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." AND "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 proposed legislation is silent on compensation and indemnification

Yes. The proposed legislation 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 proposed legislation is silent on employee accountability.

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