End qualified immunity in Louisiana

Yes, section 2800.77 of the bill states, " A. Notwithstanding R.S. 9:2793.1, 2798.1, and 2800.10, **no element of qualified immunity shall be available to peace officers as a defense to liability for claims brought under the laws of Louisiana for wrongful death, physical injury, or personal injury inflicted by peace officers through any use of physical force in a manner determined by the court to be unreasonable."**

No, the bill does not meet this standard.

No, the bill does not meet this standard. It only removes the defense of qualified immunity for " . . .claims brought under the laws of Louisiana for wrongful death, physical injury, or personal injury inflicted by peace officers through any use of physical force in a manner determined by the court to be unreasonable."

Yes, there is no statute limiting liability amounts in Louisiana.

No, the bill does not meet the standard.

No, the bill does not meet the standard.

No, the bill does not meet the standard. It instead requires plaintiff to pay all costs, expenses, and attorney fees for the officer if they prevails. Section 2800.77 states, " In any action brought against a peace officer to which this Section is applicable and judgment is rendered on the merits in favor of the defendant peace officer, then all costs, expenses, and attorney fees shall be cast upon the party bringing the action against the peace officer."

No, the bill does not meet the standard.

Yes, existing statutes stipulate that police misconduct records are generally publicly available.

Yes, section 2800.28 of the bill states, “... **any peace officer** who, under the color of law, subjects or causes to be subjected, including failing to intervene, any other person to the **deprivation of individual rights** that create binding obligations on government actors secured by the Constitution of the United States of America and Constitution of Louisiana shall be liable to the injured party....**qualified immunity shall not be a defense to liability pursuant to this Section.**”

No, the bill does not meet the standard.

No, the bill does not meet the standard. It creates too high of a standard by eliminating qualified immunity only for individual rights that create binding obligations on government actors. The bill states, “...any peace officer who, under the color of law, subjects or causes to be subjected, including failing to intervene, **any other person to the deprivation of individual rights that create binding obligations on government actors secured by the Constitution of the United States of America and Constitution of Louisiana** shall be liable to the injured party.”

Yes, there is no statute limiting liability amounts in Louisiana.

No, the bill does not meet the standard. Officers only face liability for the failure to intervene in instances of unlawful physical force. Section 40:2405(J)(1)(c) states, "A finding of civil liability in an action pursuant to R.S. 9:2800.28 for the use of unlawful physical force or** failure to intervene in the use of unlawful force**."

Yes, section 2800.28 of the bill states, "An employer of a peace officer **shall indemnify a peace officer for any liability incurred by the peace officer and for any judgment or settlement entered against the peace officer for claims arising pursuant to this Section**... If the peace officer's portion of the judgment i**s uncollectible from the peace officer, the employer of the peace officer or employer's insurance shall satisfy the full amount of the judgment or settlement.**“

Yes section 2800.28 of the bill states, "In any section seeking damages under this Section, **a court shall award reasonable attorney fees and costs to a prevailing plaintiff**."

Yes, section 2800.28 of the bill states, "However, if the employer of the peace officer determines that the officer did not act upon a good faith and reasonable belief that the act or omission from which the claim brought pursuant to this Section arises was within the course and scope of the peace officer's lawful powers and duties, **then the peace officer shall be personally liable for the lesser of five percent of the judgment or settlement or twenty-five thousand dollars and shall not be indemnified by the employer of the peace officer**... (b) If the peace officer's portion of the judgment is uncollectible from the peace officer, the employer of the peace officer or employer's insurance shall satisfy the full amount of the judgment or settlement. **However, 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**.”

Yes, existing statutes stipulate that police misconduct records are generally publicly available.