End qualified immunity in New Jersey

Case Studies

Bills and Legislation

Failed

This legislation was introduced in 2021, however, did not move past that. The bill received a 1 out of 9 in our evaluation, and would not have ended qualified immunity for all law enforcement officers.

Legislation details Graded rubric

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(1/4legislation passed)

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    Ends Qualified Immunity for all law enforcement officers

    No. The proposed legislation does not end qualified immunity in all instances, and states, "The prohibition on the use of qualified immunity pursuant to this section shall not abrogate: (1) judicial, legislative, or any other statutory immunity; or (2) the use of qualified immunity regarding claims brought pursuant to subsection c. of section 2 of P.L.2004, c.143 (C.10:6-2).

  • ✗
    Ends Qualified Immunity for all public employees

    No. The proposed legislation only cites law enforcement and states, ""the prohibition on the use of qualified immunity pursuant to this section shall not abrogate: (1) judicial, legislative, or any other statutory immunity; or (2) the use of qualified immunity regarding claims brought pursuant to subsection c. of section 2 of P.L.2004, c.143 (C.10:6-2)."

  • ✗
    Ends Qualified Immunity for all state constitutional violations

    No. The proposed legislation does not end qualified immunity for all state constitutional violations; it states, “This bill eliminates qualified immunity and sovereign immunity in certain cases. Under the qualified immunity doctrine, public employees are immune from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

  • ✓
    Ends monetary caps on all public liability amounts

    No. The proposed legislation does not address caps. State statutes state, "No Dollar Caps No subrogation allowed against “a public entity or public employee.” N.J.S.A. § 59:9-2(e). No recovery for pain and suffering, but this limitation on recovery unless permanent loss of bodily function, permanent disfigurement or dismemberment when medical expenses are in excess of $3,600. Punitive damages cannot be awarded. N.J.S.A. § 59:9-2(c-d)."

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(0/5legislation passed)

  • ✗
    Implements a failure-to-intervene clause

    No. There is no mention of failure to intervene.

  • ✗
    Guarantees that victims are compensated the full amount awarded

    No. There is no mention of victim compensation.

  • ✗
    Starts attorney fees

    No. There is no mention of attorney fees.

  • ✗
    Starts holding individual employees accountable

    No. There is no mention of employee accountability.

  • ✗
    Starts disclosing public records

    No. There is no mention of public disclosure.

Case studies in New Jersey

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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