End qualified immunity in Virginia

Yes. The proposed legislation states, "Any law-enforcement officer, as defined in § 9.1-101, who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any rights, privileges, or immunities granted to such person under the constitutions and laws of the United States and the Commonwealth, shall be liable to the injured party for compensatory damages, punitive damages, and equitable relief. If the plaintiff prevails in such an action, in addition to any monetary or injunctive relief, the court may award reasonable attorney fees and costs. If the defendant prevails in such an action, the court may award reasonable attorney fees and costs if the court finds the claims to have been frivolous. B. Sovereign immunity and any limitations on liability or damages shall not apply to claims brought pursuant to this section. Qualified immunity is not a defense to liability imposed by this section."

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

Yes. The proposed legislation states, "Any law-enforcement officer, as defined in § 9.1-101, who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any rights, privileges, or immunities granted to such person under the constitutions and laws of the United States and the Commonwealth, shall be liable to the injured party for compensatory damages, punitive damages, and equitable relief."

Yes. The proposed legislation states, "Sovereign immunity and any limitations on liability or damages shall not apply to claims brought pursuant to this section. Qualified immunity is not a defense to liability imposed by this section."

Partially. The proposed legislation states, "Any law-enforcement officer, as defined in § 9.1-101, who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any rights, privileges, or immunities granted to such person under the constitutions and laws of the United States and the Commonwealth, shall be liable to the injured party for compensatory damages, punitive damages, and equitable relief." Current VA § 19.2-83.6. “Failure of a law-enforcement officer to intervene in use of excessive force” discusses reporting, however this is only with regards to issues of excessive force.

No. The proposed legislation states, "Notwithstanding any other provision of law, any public or private entity that employs or contract for the services of a law-enforcement officer shall indemnify its law-enforcement officers for any liability incurred by such law-enforcement officer and for any judgment or settlement entered against such law-enforcement officer for claims arising pursuant to the provisions of this section. However, if such employer determines that such law-enforcement officer did not act upon a good faith and reasonable belief that any action or failure to act was lawful, such law-enforcement officer shall be held personally liable and shall not be indemnified by his employer for five percent of the judgment or settlement or $25,000, whichever is less."

No. The proposed legislation states, "In addition to any monetary or injunctive relief, the court may award reasonable attorney fees and costs." ‘May’ is used instead of ‘shall’.

Yes. The proposed legislation states "However, if such employer determines that such law-enforcement officer did not act upon a good faith and reasonable belief that any action or failure to act was lawful, such law-enforcement officer shall be held personally liable and shall not be indemnified by his employer for five percent of the judgment or settlement or $25,000, whichever is less."

No. The proposed legislation does not require that all records are publicly disclosed. Police disciplinary records are exempt from disclosure under Section 2.2-3705.1 of the Virginia Freedom of Information Act.

Yes. The proposed legislation states, "A. Any law-enforcement officer, as defined in § 9.1-101, who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any rights, privileges, or immunities granted to such person under the constitutions and laws of the United States and the Commonwealth, shall be liable to the injured party for compensatory damages, punitive damages, and equitable relief. If the plaintiff prevails in such an action, in addition to any monetary or injunctive relief, the court may award reasonable attorney fees and costs. If the defendant prevails in such an action, the court may award reasonable attorney fees and costs if the court finds the claims to have been frivolous...Qualified immunity is not a defense to liability imposed by this section."

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

Yes. The proposed legislation states, "Any law-enforcement officer, as defined in § 9.1-101, who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any rights, privileges, or immunities granted to such person under the constitutions and laws of the United States and the Commonwealth, shall be liable to the injured party for compensatory damages, punitive damages, and equitable relief."

Yes. The proposed legislation states, "Sovereign immunity and any other statutory immunities or limitations on liability or damages shall not apply to claims brought pursuant to this section."

Partially. The proposed legislation states, "Any law-enforcement officer, as defined in § 9.1-101, who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any rights, privileges, or immunities granted to such person under the constitutions and laws of the United States and the Commonwealth, shall be liable to the injured party for compensatory damages, punitive damages, and equitable relief." However, no reporting requirement.

No. The proposed legislation does not guarantee that victims are compensated the full amount awarded.

No. The proposed legislation states, "If the plaintiff prevails in such an action, in addition to any monetary or injunctive relief, the court may award reasonable attorney fees and costs." ‘May’ instead of ‘shall’.

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

No. The proposed legislation does not mention public disclosure. Law enforcement misconduct records are kept secret in Virginia. (Section 2.2-3705.1 of the Virginia Freedom of Information Act.)