End qualified immunity in Texas

Case Studies

Bills and Legislation

Failed

This legislative effort, which included ending qualified immunity, was known as the "Texas Houses's George Floyd Act." There was heated debate regarding the qualified immunity provision of the bill, and ultimately it did not pass.

Legislation details Graded rubric

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(3/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes. The proposed legislation states, "Notwithstanding any other law, qualified immunity or a defendant’s good faith but erroneous belief in the lawfulness of the defendant’s conduct is not a defense to an action brought under this chapter."

  • ✗
    Ends Qualified Immunity for all public employees

    No. The proposed legislation does not end qualified immunity for all public employees.

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes. The proposed legislation states "A person may bring an action for any appropriate relief, including legal or equitable relief, against a peace officer who, under the color of law, deprived the person of or caused the person to be deprived of a right, privilege, or immunity secured by the Texas Constitution."

  • ✓
    Ends monetary caps on all public liability amounts

    Yes. The proposed legislation states, "Notwithstanding any other law, a statutory immunity or limitation on liability, damages, or attorney’s fees does not apply to an action brought under this chapter."

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(2/5legislation passed)

  • ✗
    Implements a failure-to-intervene clause

    No. The proposed legislation does not hold officers civilly liable when failing to intervene. Pg. 3 lines 24-25 mentions intervening, but only re: use of force, and current TX law only discusses intervention and reporting re: use of force.

  • ✓
    Guarantees that victims are compensated the full amount awarded

    Yes. The proposed legislation states, ". . . a public entity shall indemnify a peace officer employed by the entity for liability incurred by and a judgment imposed against the officer in an action brought under this chapter."

  • ✓
    Starts attorney fees

    Yes. The proposed legislation states, “... (a) In an action brought under this chapter, a court shall award reasonable attorney’s fees and costs to a prevailing plaintiff.” Uses “shall”.

  • ✗
    Starts holding individual employees accountable

    No. The proposed legislation does not include a consequence for officers who engage in wrongdoing.

  • ✗
    Starts disclosing public records

    No. The proposed legislation does not require that all records are publicly disclosed, and current Texas law does not make records accessible state-wide.

Case studies in Texas

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.

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