End qualified immunity in Oklahoma

Yes, section 1 of the bill 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.**”

No, the bill does not meet the standard. Section 1 of the bill 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**”

Yes, section 1 of the bill 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.**”

Yes. section 1 of the bill 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."

The bill partially meets the standard. Section 1 of the bill 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.**"

Yes, section 1 of the bill 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...**”

Yes, section 1 of the bill states, "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**.”

Yes, section 1 of the bill 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**."

No, the bill does not meet the standard. Title 51, Oklahoma Statute §24A.8 states that law enforcement records can only be publicly accessed if they involve an officer losing pay or being suspended, demoted or terminated.

Yes, section 1 of the bill 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**.”

No, the bill does not meet the standard. Section 1 of the bill 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... Qualified immunity is not a defense to liability pursuant to this section.”

Yes, section 1 of the bill 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.”

Yes, section 1 of the bill 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."

The bill partially meets the standard. Section 1 of the bill 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**."

Yes, section 1 of the bill 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**”

Yes, section 1 of the bill 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.**”

Yes, section 1 of the bill 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**."

No, the bill does not meet the standard. Title 51, Oklahoma Statute §24A.8 states that law enforcement records can only be publicly accessed if they involve an officer losing pay or being suspended, demoted or terminated.

Yes, section 1 of the bill 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**.”

No, the bill does not meet the standard. Section 1 of the bill 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”

Yes, section 1 of the bill 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.”

Yes, section 1 of the bill 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."

The bill partially meets the standard. Section 1 of the bill 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.**"

Yes, section 1 of the bill 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**”

Yes, section 1 of the bill states, "**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.**”

Yes, section 1 of the bill 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.**"

No, the bill does not meet the standard. Title 51, Oklahoma Statute §24A.8 states that law enforcement records can only be publicly accessed if they involve an officer losing pay or being suspended, demoted or terminated.

Yes, section 1 of the bill states, **“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.** An aggrieved person 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… **An action under this section shall not be subject to**: a. common law doctrines of immunity, **b. federally-recognized doctrines of qualified immunity, ** **c. sovereign immunity, governmental immunity, custom, or** **policy, or ** d. statutory immunities and limitations on liability or damages.

Yes, section 1 of the bill states, **“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.** An aggrieved person 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… **An action under this section shall not be subject to**: a. common law doctrines of immunity, **b. federally-recognized doctrines of qualified immunity, ** **c. sovereign immunity, governmental immunity, custom, or** **policy, or ** d. statutory immunities and limitations on liability or damages.

Yes, section 1 of the bill states, **“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.** **An aggrieved person 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…**

Yes, section 1 of the bill states, “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. An aggrieved person 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… **An action under this section shall not be subject to:** a. common law doctrines of immunity, b. federally-recognized doctrines of qualified immunity, c. sovereign immunity, governmental immunity, custom, or policy, or **d. statutory immunities and limitations on liability or damages.**

No, the bill does not meet the standard.

Yes, section 1 of the bill states, "**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. An aggrieved person 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. **The proper defendant in an action under this section is the government employer and not a government employee. A government employee shall not be found financially liable for a violation of a right under the Constitution of this state or the United States.**”

Yes, section 1 of the bill states, "In any proceeding in which the claim of a plaintiff prevails, **the government shall be liable for reasonable attorney fees and other litigation costs.** Reasonable attorney 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. Section 1 of the bill states, "For any contract or agreement entered into after the effective date of this act and notwithstanding any other provision of law, **a court finding that a government employee violated a right under the Constitution of this state or the United States under the provisions of this section is per se evidence that the government employer has just cause for termination of the employment of the government employee.**"

Yes, section 1 of the bill states, “**All documents, including complaints, judgments, settlements, and consent decrees, are subject to public disclosure.**"