End qualified immunity in New Hampshire

Yes, section 507-H4 of the bill states, "The court shall not be impeded by an invocation of a state agent’s defense or i**mmunity including that: (a) The rights, privileges, or immunities secured by the laws or constitution of New Hampshire or the United States were not clearly established at the time of their deprivation by the state agent, or that the state of the law was otherwise such that the state agent could not reasonably or otherwise have been expected to know whether the such agent’s conduct was lawful; o**r (b) The state agent acted in good faith, or that the state agent believed, reasonably or otherwise, that his or her conduct was lawful at the time it was committed."

Yes, section 507-H3 of the bill states, "An individual may seek legal, equitable, or other relief under this chapter in state court for an injury **caused by an agent of the state of New Hampshire or a political subdivision in violation of a right under the laws or constitution of New Hampshire or the United States. **Furthermore, section 507-H4 of the bill states,** "**The court shall not be impeded by an invocation of a state agent’s defense or i**mmunity including that: (a) The rights, privileges, or immunities secured by the laws or constitution of New Hampshire or the United States were not clearly established at the time of their deprivation by the state agent, or that the state of the law was otherwise such that the state agent could not reasonably or otherwise have been expected to know whether the such agent’s conduct was lawful; o**r (b) The state agent acted in good faith, or that the state agent believed, reasonably or otherwise, that his or her conduct was lawful at the time it was committed."

Yes, section 507-H3 of the bill states, "An individual may seek legal, equitable, or other relief under this chapter in state court for an injury caused by an agent of the state of New Hampshire or a political subdivision **in violation of a right under the laws or constitution of New Hampshire or the United States.**"

Yes, there is currently no cap on compensatory damages in New Hampshire.

No, the bill does not meet the standard.

Yes, section 507-H2 of the bill states, “The state of New Hampshire and its political subdivisions s**hall be responsible for the actions of its employees**. This chapter shall constitute a waiver of sovereign immunity by the state of New Hampshire and its political subdivisions, and acceptance by the state and its political subdivisions of r**esponsibility for an agent's acts under the color of law under the common law theory of respondeat superior, as required to enforce this chapter**.”

Yes, section 507-H6 of the bill states, **"In any proceeding in which a plaintiff’s claims prevail, the state of New Hampshire or a political subdivision shall be liable for reasonable attorney fees and other litigation costs.**"

The bill partially meets the standard. Section 507-H7 of the bill states, "Notwithstanding any provision of law, contract, or agreement to the contrary, the state of New Hampshire or a political subdivision** may terminate a contract, agreement, or employment with a state agent if the court finds, under this section, that the state agent violated an individual’s right under the laws or constitution of New Hampshire or the United States. II.** The termination of a contract, agreement, or employment by the state of New Hampshire or a political subdivision with a government agent shall not affect the liability of the state or a political subdivision under this chapter.”

No, the bill does not meet the standard. The state of New Hampshire’s law enforcement misconduct records are closed under a personnel exemption.

Yes, section 507-H3 of the bill states, Under this chapter, the government employer shall be liable for an injury caused by an act or omission of a **government employee **who, under color of law, violates a right under the laws or constitution of the state of New Hampshire or the United States."A claim under this chapter is not subject to... C. **Federally-recognized doctrines of qualified immunity; D. Sovereign immunity, governmental immunity, custom or policy; or E. Limitations on liability or damages.**"

Yes, section 507-H3 of the bill states, Under this chapter, the government employer shall be liable for an injury caused by an act or omission of a **government employee **who, under color of law, violates a right under the laws or constitution of the state of New Hampshire or the United States."A claim under this chapter is not subject to... C. **Federally-recognized doctrines of qualified immunity; D. Sovereign immunity, governmental immunity, custom or policy; or E. Limitations on liability or damages.**"

Yes, section 507-H3 of the bill states, Under this chapter, the government employer shall be liable for an injury caused by an act or omission of a government employee who, under color of law, **violates a right under the laws or constitution of the state of New Hampshire or the United State**s."A claim under this chapter is not subject to... C. Federally-recognized doctrines of qualified immunity; D. Sovereign immunity, governmental immunity, custom or policy; or E. Limitations on liability or damages."

Yes, there is currently no cap on compensatory damages in New Hampshire.

No, the bill does not meet the standard.

Yes, the bill holds the government employer liable as the defendant in civil suits, meaning that they are responsible for the compensation of victims. Section 507-H3 of the bill states "The proper defendant in an action shall be the government employer and shall not be the government employee."

Yes, section 507-H6 of the bill states, "In any proceeding in which a plaintiff’s claims prevail, **the state of New Hampshire or a political subdivision shall be liable for reasonable attorney fees and other litigation costs**. II. Paragraph I of this section shall include reasonable attorney fees incurred on an hourly or a contingency basis or by an attorney providing legal services on a pro bono basis."

The bill partially meets the standard. Section 504-H7 of the bill states "For any contract or agreement enacted after the effective date of this chapter and notwithstanding any other law, **a court’s finding that a government employee violated a right under the laws or constitution of New Hampshire or the United States under this chapter is per se evidence that the government employer has just cause for terminating the employment of the government employee.** II. The government’s termination of a contract, agreement, or employment of a government employee shall not affect the government’s liability under this chapter."

Yes, section 507-H8 of the bill states, "**All documents, including complaints, judgments, settlements, and consent decrees under this chapter shall be subject to public disclosure**."

Yes, section 541-B25 of the bill states, "Under this subdivision, a government employer shall be liable for an injury caused by an act or omission of a government employee who, under color of law, violates a right under the constitution of this state or the United States. II. **An individual may seek legal, equitable, or other relief in a court of this state for a violation of a right under the constitution of this state or the United States.** III. The proper defendant in an action shall be the government employer and shall not be the government employee."

Yes, section 541-B25 of the bill states, "Under this subdivision, a government employer shall be liable for an injury caused by an act or omission of a government employee who, under color of law, violates a right under the constitution of this state or the United States. II. **An individual may seek legal, equitable, or other relief in a court of this state for a violation of a right under the constitution of this state or the United States.** III. The proper defendant in an action shall be the government employer and shall not be the government employee."

Yes, section 541-B25 of the bill states, "Under this subdivision, a government employer shall be liable for an injury caused by an act or omission of a **government employee who, under color of law, violates a right under the constitution of this state or the United States.** II. **An individual may seek legal, equitable, or other relief in a court of this state for a violation of a right under the constitution of this state or the United States.** III. The proper defendant in an action shall be the government employer and shall not be the government employee."

Yes, there is currently no cap on compensatory damages in New Hampshire.

No, the bill does not meet the standard.

Yes, the bill holds the government employer liable as the defendant in civil suits, meaning that they are responsible for the compensation of victims. Section 541-B25 of the bill states "The proper defendant in an action shall be the government employer and shall not be the government employee."

Yes, section 541-B28 of the bill states, "**In any proceeding in which a plaintiff's claim prevails, the government shall be liable for reasonable attorney fees and other litigation costs**.... Reasonable attorneys' fees include those incurred on an hourly or contingency basis, or by an attorney providing services on a pro bono basis."

The bill partially meets the standard. The bill provides that a finding in a suit brought under this law can be used as cause for terminating the employment of a government employee. Section 541-B29 of the bill states, "**For any contract or agreement enacted after the effective date of this legislation and notwithstanding any other law, a court’s finding that a government employee violated a right under the constitution of this state or the United States under this subdivision is per se evidence that the government employer has just cause for terminating the employment of the government employee.**.. the government’s termination of a contract, agreement, or employment with the government employee shall not affect the government’s liability under this subdivision."

No, the bill allows for a carve out using another statute, RSA 91-A, by stating: "I. All documents, including complaints, judgments, settlements, and consent decrees, are subject to public disclosure pursuant to the provisions of RSA 91-A."