End qualified immunity in Oklahoma

Case Studies

Bills and Legislation

Failed

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(3/4legislation passed)

  • Ends Qualified Immunity for all law enforcement officers

    Yes. The proposed legislation states, “A peace officer, as defined in Section 99 of Title 21 of the Oklahoma Statutes, employed by the state or any political subdivision of this state who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the Bill of Rights, Article II of the Oklahoma Constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief” "C. Qualified immunity is not a defense to liability pursuant to this section.”

  • Ends Qualified Immunity for all public employees

    No. The proposed legislation states, “A peace officer, as defined in Section 99 of Title 21 of the Oklahoma Statutes, employed by the state or any political subdivision of this state who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the Bill of Rights, Article II of the Oklahoma Constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief” "C. Qualified immunity is not a defense to liability pursuant to this section.”

  • Ends Qualified Immunity for all state constitutional violations

    Yes. The proposed legislation states, "A peace officer, as defined in Section 99 of Title 21 of the Oklahoma Statutes, employed by the state or any political subdivision of this state who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the Bill of Rights, Article II of the Oklahoma Constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief."

  • Ends monetary caps on all public liability amounts

    Yes. The proposed legislation states, "Statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to claims brought pursuant to this section. The Governmental Tort Claims Act shall not apply to claims brought pursuant to this section."

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(3.5/5legislation passed)

  • Implements a failure-to-intervene clause

    Partially. The proposed legislation states, "A peace officer, as defined in Section 99 of Title 21 of the Oklahoma Statutes, employed by the state or any political subdivision of this state who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the Bill of Rights, Article II of the Oklahoma Constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief."

  • Guarantees that victims are compensated the full amount awarded

    Yes. The proposed legislation states, "The employer of the peace officer shall indemnify its peace officer for any liability incurred by the peace officer and for any judgment or settlement entered against the peace officer for claims arising pursuant to this section”

  • Starts attorney fees

    Yes. The proposed legislation states, “D. In any action brought pursuant to this section, a court shall award reasonable attorney fees and costs to a prevailing plaintiff. In actions for injunctive relief, a court shall deem a plaintiff to have prevailed if the lawsuit of the plaintiff was a substantial factor or significant catalyst in obtaining the results sought by the litigation. When a judgment is entered in favor of a defendant, the court may award reasonable costs and attorney fees to the defendant for defending any claims the court finds frivolous.”

  • Starts holding individual employees accountable

    Yes. The proposed legislation states "If the employer of the peace officer determines that the officer did not act upon a good-faith and reasonable belief that the action was lawful, then the peace officer is personally liable and shall not be indemnified by the employer of the peace officer for five percent (5%) of the judgment or settlement or Twenty-five Thousand Dollars ($25,000.00), whichever is less."

  • Starts disclosing public records

    No. Law enforcement records can only be publicly accessed if they involve an officer losing pay or being suspended, demoted or terminated. (Title 51, Oklahoma Statute §24A.8.)

Case studies in Oklahoma

Qualified immunity impacts everyone. Officers in your state are violating community members’ rights without consequence.

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