End qualified immunity in Tennessee

Yes, section 1 of the bill states, "Notwithstanding another law to the contrary, **there is created a civil right of action by an injured party against a law enforcement officer who, under color of law, subjects, or causes to be subjected, including failing to intervene **as required in § 38-8-129, **another person to the deprivation of an individual right secured by the Tennessee Constitution. The injured party may seek legal, equitable, and any other appropriate relief. Statutory immunities and statutory limitations on liability, damages... **(c) **Qualified immunity is not a defense to liability in a civil action brought pursuant to this chapter.**"

No, the bill does not meet the standard, section 1 of the bill states, "Notwithstanding another law to the contrary, there is created a civil right of action by an injured party **against a law enforcement officer who, under color of law, subjects, or causes to be subjected, including failing to intervene as required in § 38-8-129, another person to the deprivation of an individual right secured by the Tennessee Constitution**. The injured party may seek legal, equitable, and any other appropriate relief. Statutory immunities and statutory limitations on liability, damages... (c) Qualified immunity is not a defense to liability in a civil action brought pursuant to this chapter."

Yes, section 1 of the bill states, "Notwithstanding another law to the contrary, **there is created a civil right of action by an injured party against a law enforcement officer who, under color of law, subjects, or causes to be subjected, including failing to intervene **as required in § 38-8-129, **another person to the deprivation of an individual right secured by the Tennessee Constitution. The injured party may seek legal, equitable, and any other appropriate relief. Statutory immunities and statutory limitations on liability, damages... **(c) **Qualified immunity is not a defense to liability in a civil action brought pursuant to this chapter.**"

Yes, section 1 of the bill states, "**Statutory immunities and statutory limitations on liability, damages, or attorney fees do not apply to a claim brought pursuant to this chapter.**"

Yes, section 1 of the bill states, "Notwithstanding another law to the contrary, there is created a civil right of action by an injured party against a law enforcement officer who, under color of law, **subjects, or causes to be subjected, including failing to intervene as required in § 38-8- 129, **another person to the deprivation of an individual right secured by the Tennessee Constitution. The injured party may seek legal, equitable, and any other appropriate relief. § 38-8- 129 states "A law enforcement officer who directly observes or has knowledge of excessive use of force by another law enforcement officer in violation of state or federal law shall, within the officer's scope of training, knowledge, and authority, intervene when the officer has an opportunity and means to prevent the harm from occurring. A law enforcement officer who intervenes during an excessive force incident shall report the circumstances to a supervisor as soon as practical. A law enforcement officer who has direct knowledge of excessive use of force by another law enforcement officer in violation of state or federal law shall, as soon as practical, report the excessive use of force to a supervisor.

Yes, section 1 of the bill states, "(1) Notwithstanding chapter 20 of this title**, a law enforcement officer's employer shall indemnify the law enforcement officer for any liability incurred by the law enforcement officer and for any judgment or settlement entered against the law enforcement officer for claims arising pursuant to this section **unless the law enforcement officer's employer determines that the officer did not act upon a good faith and reasonable belief that the action was lawful, in which case the law enforcement officer is personally liable and the law enforcement officer's employer shall not indemnify the law enforcement officer for five percent (5%) of the judgment or settlement or twenty-five thousand dollars ($25,000), whichever is less... **Notwithstanding subdivision (e)(1), if the law enforcement officer's portion of the judgment is uncollectible from the law enforcement officer, then the law enforcement officer's employer is responsible for the full amount of the judgment.**"

Yes, section 1 of the bill states, "In an action brought pursuant to this chapter, **the court shall award reasonable attorney fees and court costs to a plaintiff who prevails.** (2) 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 attorney fees and court costs to the defendant for a claim the court finds frivolous."**

Yes, section 1 of the bill states, "Notwithstanding chapter 20 of this title, a law enforcement officer's employer shall indemnify the law enforcement officer for any liability incurred by the law enforcement officer and for any judgment or settlement entered against the law enforcement officer for claims arising pursuant to this section** unless the law enforcement officer's employer determines that the officer did not act upon a good faith and reasonable belief that the action was lawful, in which case the law enforcement officer is personally liable and the law enforcement officer's employer shall not indemnify the law enforcement officer for five percent (5%) of the judgment or settlement or twenty-five thousand dollars ($25,000), whichever is less**."

No, the bill does not meet the standard. TN §10-7-504(g) allows for significant discretion for disclosure of law enforcement personnel records.