Bills
End qualified immunity in New Jersey
Case Studies
Bills and Legislation
S 4046
Introduced in 2021
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 nor for all violations.
end
(1/4legislation passed)
- ✗
Ends Qualified Immunity for all law enforcement officers
No, the bill does not meet the standard, section 1 of the bill 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 bill does not meet the standard; it only applies to law enforcement officers.
- ✗
Ends Qualified Immunity for all state constitutional violations
No, the bill does not meet the standard. Section 1 of the bill 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
Yes, N.J.S.A. § 59:9-2(e) states, "**No Dollar Caps No subrogation allowed against “a public entity or public employee**.”... "
start
(0/5legislation 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.
- ✗
Starts attorney fees
No, the bill does not meet the standard.
- ✗
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.
S 375
Introduced in 2022
Failed
This legislation was introduced as S4046 and A6124 in 2021, and again as S375 and A1006 in 2022. All versions of the bill never moved beyond introduction and assignment to committee. The bill did not evolve in anyway and still only narrowly limits the use of QI such that it scores only 1 out of 9. There was an additional bill introduced in 2022, A1378, but it did not receive a grading because it contains a good faith carve out.
end
(1/4legislation passed)
- ✗
Ends Qualified Immunity for all law enforcement officers
No, the bill does not meet the standard. Section 1 of the bill 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 bill does not meet the standard. Section 1 of the bill 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 bill does not meet the standard. Section 1 of the bill 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 monetary caps on all public liability amounts
Yes, N.J.S.A. § 59:9-2(e) states, "**No Dollar Caps No subrogation allowed against “a public entity or public employee**.”... "
start
(0/5legislation 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.
- ✗
Starts attorney fees
No, the bill does not meet the standard.
- ✗
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.
A 850
Introduced in 2024
Failed
This legislation was introduced as S4046 and A6124 in 2021, and again as S375 and A1006 in 2022. All versions of the bill never moved beyond introduction and assignment to committee. This version is currently in session (as of July 2024), but has not evolved in anyway and still only narrowly limits the use of QI such that it scores only 1 out of 9.
end
(1/4legislation passed)
- ✗
Ends Qualified Immunity for all law enforcement officers
No, the bill does not meet the standard. Section 1 of the bill states, "The prohibition on the use of qualified immunity pursuant to this section s**hall 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 bill does not meet the standard. Section 1 of the bill 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 bill does not meet the standard. Section 1 of the bill states, "The prohibition on the use of qualified immunity pursuant to this section s**hall 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 monetary caps on all public liability amounts
Yes, N.J.S.A. § 59:9-2(e) states, "**No Dollar Caps No subrogation allowed against “a public entity or public employee**."
start
(0/5legislation 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.
- ✗
Starts attorney fees
No, the bill does not meet the standard.
- ✗
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 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.
back home
Want to Get Involved?
Find out how you can join in the fight to end qualified immunity.
Get the Word Out
Download these assets and share them across social media to spread the word.
Engage with Legislators
Evaluate new legislation that is introduced in your state using our rubric, and advocate to introduce legislation to eliminate qualified immunity using our model policy to your local legislators today.
Contact Officials
Find your local and state officials.