End qualified immunity in Maine

Yes. The summary from the proposed legislation states, "This bill eliminates the ability to assert a defense of qualified immunity for civil actions concerning the actions of state police officers, sheriffs, deputies, constables, municipal police officers, marine patrol officers, game wardens and Capitol Police officers brought under the Maine Civil Rights Act."

No. The proposed legislation expands beyond just law enforcement, but not to all public employees. The legislation states, "Qualified immunity; civil actions. 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 officer, as defined in section 17708; a marine patrol officer, as described in Title 12, section 6025; a game warden, as described in Title 12, chapter 905, subchapter 1; a Capitol Police officer appointed pursuant to Title 25, section 2908; a deputy, as defined in Title 30-A, section 351; a sheriff elected or appointed pursuant to Title 30-A, section 371-B; a constable, as described in Title 30-A, section 2673; or a police officer appointed by municipal officers pursuant to Title 30-A, section 2671."

Yes. The proposed legislation would have amended the Maine Civil Rights Act and 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 ...”

No. Existing law caps public liability amounts. 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."

No. There is no mention of failure to intervene.

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

No. There is no mention of attorney fees.

No. There is no mention of employee accountability.

No. Investigations that don’t result in discipline or that have findings that are not sustained are not made available to the public.

Yes. The summary from the proposed legislation states, "At the time of the violation, the person was employed by a law enforcement agency subject to the requirements of Title 25, section 2803-B."

No. The proposed legislation only cites law enforcement.

No. The proposed legislation addresses use of force violations only, stating, "The violation involved the person's using or threatening to use physical force or violence against a person;. . ."

No. The proposed legislation states, "Limitation of personal liability. 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 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.”

No. There is no mention of failure to intervene.

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

No. There is no mention of attorney fees.

Yes. The proposed legislation states, "Personal liability of a person under subsection 1 may not exceed $10,000 per violation of section 4682, subsection 1-A."

No. Investigations that don’t result in discipline or that have findings that are not sustained are not made available to the public.