End qualified immunity in Utah

Yes, section 4 of the bill states, "**A peace officer who, under color of law, subjects any other person to the deprivation of individual rights is liable to the person for legal, equitable, or other appropriate relief**… **Qualified immunity is not a defense to liability under this section**."

No, the bill does not meet the standard. Section 4 of the bill states, "**A peace officer who, under color of law, subjects any other person to the deprivation of individual rights is liable to the person for legal, equitable, or other appropriate relief."**

The bill partially meets the standard, it only ends qualified immunity for certain constitutional violations. Section 4 of the bill states, "Deprivation of individual rights" which "**means the deprivation of any of the following rights under the Utah Constitution: (a) Utah Constitution, Article I, Section 1 [Inherent and inalienable rights]; (b) Utah Constitution, Article I, Section 7 [Due process of law]; (c) Utah Constitution, Article I, Section 9 [Excessive bail and fines -- Cruel punishments]**; (**d) Utah Constitution, Article I, Section 14 [Unreasonable searches forbidden -- Issuance of warrant]; (e) Utah Constitution, Article I, Section 17 [Elections to be free -- Soldiers voting]; (f) Utah Constitution, Article I, Section 22 [Private property for public use]; (g) Utah Constitution, Article I, Section 24 [Uniform operation of laws]; and (h) Utah Constitution, Article I, Section 25 [Rights retained by people].** "

No, the bill does not meet the standard. Section 4 of the bill states, "A civil action under this section: (a) must be commenced within four years after the cause of action accrues; and (b)** is subject to the statutory calculations and limitations on damages described in Title 133 63G, Chapter 7, Part 6, Legal Actions Under this Chapter **- Procedures, Requirements, Damages, and Limitations on Judgments."

No, the bill does not meet the standard.

Yes, section 4 of the bill states, "Except as provided in Subsections (4)(b), (4)(c), and (4)(d), **a peace officer's employer shall indemnify the peace officer for any liability incurred by the peace officer and for any judgment entered against the peace officer for claims arising under this section**."

Yes, section 4 of the bill states, “In an action brought under this section,** a court shall award reasonable attorney fees and costs to a prevailing plaintiff.”**

Yes, section 4 of the bill states, "**Except as provided in Subsection (4)(c): (i) the peace officer is personally liable for damages awarded under this chapter not exceeding $50,000 of the damages awarded...**"

No, the bill does not meet the standard. Utah Code § 63G-2-301(3)(o) is conditional and states “R**ecords that would disclose information relating to formal charges or disciplinary actions against a past or present governmental entity employee if: the disciplinary action has been completed and all time periods for administrative appeal have expired; and the charges on which the disciplinary action was based were sustained...**”