End qualified immunity in New Hampshire

Yes. The proposed legislation states, "The court shall not be impeded by an invocation of a state agent’s defense or immunity 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; or (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. The proposed legislation 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. The proposed legislation states that, "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 after the New Hampshire Supreme Court declared a previous statute capping non-economic damages at $875,000 to be unconstitutional.

No. There is no mention of failure to intervene.

Yes. The proposed legislation states, "“The state of New Hampshire and its political subdivisions shall 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 responsibility 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. The proposed legislation 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."

Yes. The proposed legislation states, "507-H:7 Termination of Contract, Agreement, or Employment. I. 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. There is no mention of public disclosure and the state of New Hampshire’s law enforcement misconduct records are closed under a personnel exemption.