End qualified immunity in Minnesota

Case Studies

Bills and Legislation

Failed

This legislation was the first time an effort to end qualified immunity in MN. The bill was blocked, however, with some legislators calling it "anti-police."

Legislation details Graded rubric

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(3/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes. The proposed legislation states, "Section 1. [626.893] IMMUNITY PROHIBITED.​ Subdivision 1. Civil liability. (a) Notwithstanding any law to the contrary, a peace​ officer who, under color of law, subjects or causes to be subjected, including but not limited​ to failing to intervene, another person to the deprivation of any rights, privileges, or​ immunities granted to the person under the constitutions and laws of the United States and​ this state, is liable to the injured party for compensatory damages, punitive damages, equitable​ relief, or any other appropriate relief. If the plaintiff prevails in the action, in addition to​ any monetary or injunctive relief, the court may award reasonable attorney fees and costs.​ If the defendant prevails in the action, the court may award reasonable attorney fees and​ costs if the court finds the claim to have been frivolous.​ (b) Statutory immunities and statutory limitations on liability, damages, and attorney​ fees shall not apply to claims brought under this subdivision. Qualified immunity is not a​ defense to liability imposed under this subdivision.​"

  • ✗
    Ends Qualified Immunity for all public employees

    No. The proposed legislation only cites law enforcement; no other public employees are included.

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes. The proposed legislation states, "Section 1. [626.893] IMMUNITY PROHIBITED.​ Subdivision 1. Civil liability. (a) Notwithstanding any law to the contrary, a peace​ officer who, under color of law, subjects or causes to be subjected, including but not limited​ to failing to intervene, another person to the deprivation of any rights, privileges, or​ immunities granted to the person under the constitutions and laws of the United States and​ this state, is liable to the injured party for compensatory damages, punitive damages, equitable​ relief, or any other appropriate relief."

  • ✓
    Ends monetary caps on all public liability amounts

    Yes. The proposed legislation states, "(b) Statutory immunities and statutory limitations on liability, damages, and attorney​ fees shall not apply to claims brought under this subdivision. Qualified immunity is not a​ defense to liability imposed under this subdivision.​"

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(1.5/5legislation passed)

  • ✓
    Implements a failure-to-intervene clause

    Yes. The proposed legislation imposes liability for failure to intervene, but does not require reporting. It states, "Section 1. [626.893] IMMUNITY PROHIBITED.​ Subdivision 1. Civil liability. (a) Notwithstanding any law to the contrary, a peace​ officer who, under color of law, subjects or causes to be subjected, including but not limited​ to failing to intervene, another person to the deprivation of any rights, privileges, or​ immunities granted to the person under the constitutions and laws of the United States and​ this state, is liable to the injured party for compensatory damages, punitive damages, equitable​ relief, or any other appropriate relief."

  • ✗
    Guarantees that victims are compensated the full amount awarded

    No. The proposed legislation is silent on employer liability and employee indemnification.

  • ✓
    Starts attorney fees

    Yes. The proposed legislation states, "If the plaintiff prevails in the action, in addition to any monetary or injunctive relief, the court may award reasonable attorney fees and costs." However, it does not mention whether fees are separate from damages.

  • ✗
    Starts holding individual employees accountable

    No. The proposed legislation does not impose individual financial liability or material professional consequences for peace officers found liable.

  • ✗
    Starts disclosing public records

    No. There is no mention of public disclosure.

Case studies in Minnesota

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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