End qualified immunity in Louisiana

Yes. The proposed legislation states, “Notwithstanding R.S. 9:2793.1, 2798.1, and 2800.10, 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 proposed legislation does not end qualified immunity for all public employees.

No. The proposed legislation creates too high of a standard by eliminating qualified immunity only for individual rights that create binding obligations on government actors. The proposed legislation states, “Notwithstanding R.S. 9:2793.1, 2798.1, and 2800.10, 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. Current statutes do not place caps on civil damages.

No. The proposed legislation mentions liability for the failure to intervene only in instances of unlawful physical force. The legislation 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. The proposed legislation 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. (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.“

Yes. The proposed legislation states, "In any section seeking damages under this Section, a court shall award reasonable attorney fees and costs to a prevailing plaintiff."

Yes. The proposed legislation 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. The proposed legislation does not mention public disclosure, but existing statutes stipulate that police misconduct records are generally publicly available.

No. The proposed legislation does not prohibit the use of qualified immunity as a defense. It states, §2800.77. Limitation of qualified immunity for unreasonable force 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 proposed legislation does not end qualified immunity for all public employees.

No. The proposed legislation removes the defense of qualified immunity only 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. Current statutes do not place caps on civil damages.

No. The proposed legislation has no mention of peace officers being civilly liable for failure to intervene.

No. The proposed legislation does not guarantee that victims are compensated the full amount awarded.

No. The proposed legislation does not award attorney fees to a successful plaintiff, but requires plaintiff to pay all costs, expenses, and attorney fees for the defendant if defendant prevails. It states, C. 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 proposed legislation does not include a consequence for officers who engage in wrongdoing.

Yes. The proposed legislation does not mention public disclosure, but existing statutes stipulate that police misconduct records are generally publicly available.