End qualified immunity in Montana

Case Studies

Bills and Legislation

Introduced in 2021

Failed

HB 531 was introduced in 2021. The bill died in process on the house floor.

Legislation details Graded rubric

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(3/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes, section 1 of the bill states, “**a public employee **who illegally or unconstitutionally deprives a person of any right provided by the constitution of the United States, the constitution of Montana, or statute **is liable to that person in a civil action.** (2)** A public employee subject to suit under this section may not assert as a defense:** (a) that the right provided by the constitution of the United States, the constitution of Montana, or statute was not clearly established at the time of the deprivation; or (b) that the public employee believed the deprivation was legal or constitutional."

  • ✓
    Ends Qualified Immunity for all public employees

    Yes, section 1 of the bill states, “**a public employee **who illegally or unconstitutionally deprives a person of any right provided by the constitution of the United States, the constitution of Montana, or statute **is liable to that person in a civil action.** (2)** A public employee subject to suit under this section may not assert as a defense:** (a) that the right provided by the constitution of the United States, the constitution of Montana, or statute was not clearly established at the time of the deprivation; or (b) that the public employee believed the deprivation was legal or constitutional."

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes, section 1 of the bill states, **"a public employee who illegally or unconstitutionally deprives a person of any right provided by the constitution of the United States, the constitution of Montana, or statute is liable to that person in a civil action.**"

  • ✗
    Ends monetary caps on all public liability amounts

    No, Montana statute 2-9-108 states, "The state, a county, municipality, taxing district, or any other political subdivision of the state** is not liable in tort action for damages **suffered as a result of an act or omission of an officer, agent, or employee of that entity** in excess of $750,000 for each claim and $1.5 million for each 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. Montana statute, § 2-9-305 states, "(a) the conduct upon which the claim is based constitutes oppression, fraud, or malice or for any other reason **does not arise out of the course and scope of the employee's employment**;”

  • ✓
    Starts attorney fees

    Yes, section 1 of the bill states, “(3) If the person bringing a civil action under this section prevails, **the court shall award the person reasonable attorney fees.**"

  • ✗
    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.

Case studies in Montana

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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