Bills
End qualified immunity in Minnesota
Case Studies
Bills and Legislation
HF 1104
Introduced in 2021
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."
end
(3/4legislation passed)
- ✓
Ends Qualified Immunity for all law enforcement officers
Yes, section 1 of the bill states, "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 bill does not meet the standard.
- ✓
Ends Qualified Immunity for all state constitutional violations
Yes, section 1 of the bill states, "(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, section 1 of the bill 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."
start
(1.5/5legislation passed)
- ✓
Implements a failure-to-intervene clause
Yes, the bill imposes liability for failure to intervene, but does not require reporting. Section 1 of the bill states, "(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 bill does not meet the standard.
- ✓
Starts attorney fees
Yes, section 1 of the bill 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.**" The bill does not mention whether fees are separate from damages.
- ✗
Starts holding individual employees accountable
No, the bill does not meet the standard, it does not impose individual financial liability or material professional consequences for peace officers found liable.
- ✗
Starts disclosing public records
No, the bill does not meet the standard.
SF 2260
Introduced in 2023
Failed
This legislation is a 2023 version of HF1104, first introduced in 2021 as HF1104 also introduced in 2024 as HF4937. Despite numerous attempts to introduce the bill in both the state and senate, the bill has never made it beyond that initial step.
end
(3/4legislation passed)
- ✓
Ends Qualified Immunity for all law enforcement officers
Yes, section 1 of the bill states, "(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 bill does not meet the standard.
- ✓
Ends Qualified Immunity for all state constitutional violations
Yes, section 1 of the bill states, "(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, section 1 of the bill 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."
start
(1.5/5legislation passed)
- ✓
Implements a failure-to-intervene clause
Yes, the bill imposes liability for failure to intervene, but does not require reporting. Section 1 of the bill states, "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 bill does not meet the standard.
- ✓
Starts attorney fees
Yes, section 1 of the bill 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 bill does not meet the standard.
- ✗
Starts disclosing public records
No, the bill does not meet the standard.
HF 4937
Introduced in 2024
Failed
This legislation is a 2024 version of HF1104, first introduced in 2021 and also introduced in 2023 as SF2260. Despite numerous attempts to introduce the bill in both the state and senate, the bill has never made it beyond that initial step.
end
(3/4legislation passed)
- ✓
Ends Qualified Immunity for all law enforcement officers
Yes, section 1 of the bill states, "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 bill does not meet the standard.
- ✓
Ends Qualified Immunity for all state constitutional violations
Yes, section 1 of the bill states, "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, section 1 of the bill 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."
start
(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. Section 1 of the bill states, "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 bill does not meet the standard.
- ✓
Starts attorney fees
Yes, section 1 of the bill states, "If the plaintiff prevails in the action, in addition to any monetary or injunctive relief, **the court shall award reasonable attorney fees and costs.**" However, it does not mention whether fees are separate from damages.
- ✗
Starts holding individual employees accountable
No, the bill not meet the standard.
- ✗
Starts disclosing public records
No, the bill does not meet the standard.
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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