End qualified immunity in Montana

Yes. The proposed legislation 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."

Yes. The proposed legislation 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."

Yes. The proposed legislation 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."

No. Montana statute states, “ 2-9-108. Limitation on governmental liability for damages in tort. (1) 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.”

No. There is no mention of failure to intervene.

No. The proposed legislation does not gurantee victim compensation. Although Montana indemnifies their employees, their carve out within the Montana statute 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;”

Yes. The proposed legislation states, “AN ACT REVISING GOVERNMENT LIABILITY LAW; ALLOWING CERTAIN PERSONS DEPRIVED OF RIGHTS BY PUBLIC EMPLOYEES TO SUE; PROHIBITING QUALIFIED IMMUNITY AS A DEFENSE; ALLOWING ATTORNEY FEES; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

No. There is no mention of employee accountability.

No. There is no mention of public disclosure.