End qualified immunity in Maine

Case Studies

Bills and Legislation

Introduced in 2021

Failed

Following the murder of George Floyd, Maine lawmakers introduced a bill seeking to end qualified immunity. The senate version of this bill did not eliminate qualified immunity for all constitutional violates, but rather, was for threatened use of force or violence only.

Legislation details Graded rubric

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(1/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes, section 1 of the bill states, "A defendant in an action brought under section 4682 may not claim as a defense or immunity to the action that the defendant did not violate a clearly established statutory or constitutional right". The summary goes on to clarify that this applies to law enforcement officers.

  • ✗
    Ends Qualified Immunity for all public employees

    No, the bill does not meet the standard.

  • ✗
    Ends Qualified Immunity for all state constitutional violations

    No, the bill does not meet the standard. Section 1A of the bill states, "A defendant in an action brought under section 4682 **may not claim as a defense or immunity to the action **that the defendant did not violate a clearly established statutory or constitutional right of which a reasonable person would have known if: **The violation involved the person's using or threatening to use physical force or violence against a person**".

  • ✗
    Ends monetary caps on all public liability amounts

    No, the bill does not meet the standard. Section 2 of the bill states, "Personal liability of a person under subsection 1** may not exceed $10,000 per violation of section 4682, subsection 1-A,**" and chapter 741 of Title 14 in Maine's Statutes states, "... In any claim or cause of action permitted by this chapter, **the award of damages, including costs, against either a governmental entity or its employees, or both, may not exceed $400,000 for any and all claims arising out of a single occurrence**.”

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(1/5legislation 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.

  • ✗
    Starts attorney fees

    No, the bill does not meet the standard.

  • ✓
    Starts holding individual employees accountable

    Yes, section 2 of the bill states,**"Personal liability of a person under subsection 1 may not exceed $10,000** per violation of section 4682, subsection 1-A."

  • ✗
    Starts disclosing public records

    No, the bill does not meet the standard. Section 503, chapter 1A states, "the name is a law enforcement officer is not confidential... in cases involving the use of deadly force... (or) the use of physical force resulting in death of serious bodily injury."

Introduced in 2021

Failed

Following the murder of George Floyd, Maine lawmakers introduced a bill seeking to end qualified immunity. The legislatures judiciary committee struck it down 9-1 against the bill.

Legislation details Graded rubric

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(2/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes, section 1 of the bill states, "** Qualified immunity, including the immunity provided by Title 14, section 8103, is not a defense to a civil action brought pursuant to this section when the civil action concerns the actions of a state police officers, sheriffs, deputies, constables, municipal police officers, marine patrol officers, game wardens and Capitol Police officers"**

  • ✗
    Ends Qualified Immunity for all public employees

    No, the bill does not meet the standard.

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes, section 1 of the bill states,"Qualified immunity, including the immunity provided by Title 14, section 8103,** is not a defense to a civil action brought pursuant to this section ** ...”

  • ✗
    Ends monetary caps on all public liability amounts

    No, the bill does not meet the standard. Chapter 741 of Title 14 in Maine's Statutes state, "**Limit established. In any claim or cause of action permitted by this chapter, the award of damages, including costs, against either a governmental entity or its employees, or both, may not exceed $400,000 for any and all claims arising out of a single occurrence.**"

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(0/5legislation 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.

  • ✗
    Starts attorney fees

    No, the bill does not meet the standard.

  • ✗
    Starts holding individual employees accountable

    No, the bill does not meet the standard.

  • ✗
    Starts disclosing public records

    No, the bill does not meet the standard. Section 503, chapter 1A states, "the name is a law enforcement officer is not confidential... in cases involving the use of deadly force... (or) the use of physical force resulting in death of serious bodily injury."

Case studies in Maine

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

Explore the map below to discover examples and stories where you live.

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