End qualified immunity in Rhode Island

Case Studies

Bills and Legislation

Failed

The language for H7938 was originally introduced as S597, which included a number of police reform measures, including qualified immunity. It was called the Rishod K. Gore Justice in Policing Act of 2021, after a man who was assaulted by an officer in Providence. Both bills (2021 and 2022) were recommended by committee to be held for further discussion and did not move forward.

Legislation details Graded rubric

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(3/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes. The proposed legislation states "Civil action for deprivation of rights. (a) A peace officer, employed by a local government 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 United States Constitution, or by the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief. (2) Qualified immunity is not a defense to liability pursuant to this section."

  • ✗
    Ends Qualified Immunity for all public employees

    No. The proposed legislation only cites peace officers.

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes. The proposed legislation states "A peace officer, employed by a local government 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 United States Constitution, or by the state 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 attorneys' fees 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) A peace officer, employed by a local government 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 United States Constitution, or by the state 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, "(d) Notwithstanding any other provision of law, a peace officer's employer shall indemnify its peace officers 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, "(c) In any action brought pursuant to this section, a court shall award reasonable attorneys' fees and costs to a prevailing plaintiff. In actions for injunctive relief, a court shall deem a plaintiff to have prevailed if the plaintiff's suit 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 "Notwithstanding any other provision of law, a peace officer's employer shall indemnify its peace officers 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; except that, if the peace officer's employer determines that the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer shall be personally liable and shall not be indemnified by the peace officer's employer for five percent (5%) of the judgment or settlement or twenty-five thousand dollars ($25,000), whichever is less."

  • ✗
    Starts disclosing public records

    No. The proposed legislation only speaks on public release of peace officer’s body camera recordings being released to the public.

Case studies in Rhode Island

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

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