End qualified immunity in Vermont

Case Studies

Bills and Legislation

Significantly Amended

Passed

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(0/4legislation passed)

  • Ends Qualified Immunity for all law enforcement officers

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  • Ends Qualified Immunity for all public employees

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  • Ends Qualified Immunity for all state constitutional violations

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  • Ends monetary caps on all public liability amounts

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(0/5legislation passed)

  • Implements a failure-to-intervene clause

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  • Guarantees that victims are compensated the full amount awarded

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  • Starts attorney fees

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  • Starts holding individual employees accountable

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  • Starts disclosing public records

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Significantly Amended

Failed

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(3/4legislation passed)

  • Ends Qualified Immunity for all law enforcement officers

    Yes. The proposed legislation states that any action brought under this section is not subject to “common law doctrines of immunity as a defense to liability” which includes qualified immunity.

  • 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, "An individual injured or damaged by the commission or omission of any act of a law enforcement officer acting under authority of the State, or within the scope of authority of a law enforcement agency, that violates the individual’s rights guaranteed under a provision of the Constitution of the State of Vermont that provides a private right of action, prescribed by Vermont statute, or created by Vermont common law, may bring an action for damages or equitable relief against the law enforcement officer."

  • Ends monetary caps on all public liability amounts

    Yes. The proposed legislation does not address caps and Vermont does not have a cap on damages.

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(2/5legislation passed)

  • Implements a failure-to-intervene clause

    No. The proposed legislation does not hold officers civilly liable for failing to intervene.

  • Guarantees that victims are compensated the full amount awarded

    Yes. The proposed legislation states, "(e) Notwithstanding the provisions of V.S.A. chapter 29, chapter 189 of this title, or V.S.A. chapter 55, a law enforcement agency shall indemnify its law enforcement officer for any liability incurred, and for any judgment or settlement entered against the law enforcement officer, for claims arising pursuant to this section, except that if the law enforcement agency determines that the law enforcement officer did not act in good faith and under reasonable belief that the action was lawful, then the law enforcement officer is personally liable and shall not be indemnified by the law enforcement agency for five percent of the judgment or settlement or $25,000.00, whichever is less. (f) Notwithstanding any provision of this section to the contrary, to the extent that a law enforcement officer’s portion of a judgment or settlement is uncollectable from the law enforcement officer, the law enforcement agency or the law enforcement agency’s insurance shall satisfy any such uncollected amount of the judgment or settlement."

  • Starts attorney fees

    No. The proposed legislation uses the word "may" which is not declarative enough. It states, "(d) A court may award reasonable attorney’s fees and other litigation costs reasonably incurred in any action brought under this section in which the plaintiff substantially prevailed. When a judgment is entered in favor of a defendant, a court may award reasonable attorney’s fees and other litigation costs reasonably incurred to the defendant for defending any claims the court finds frivolous."

  • Starts holding individual employees accountable

    Yes. The proposed legislation states, "(e) Notwithstanding the provisions of V.S.A. chapter 29, chapter 189 of this title, or V.S.A. chapter 55, a law enforcement agency shall indemnify its law enforcement officer for any liability incurred, and for any judgment or settlement entered against the law enforcement officer, for claims arising pursuant to this section, except that if the law enforcement agency determines that the law enforcement officer did not act in good faith and under reasonable belief that the action was lawful, then the law enforcement officer is personally liable and shall not be indemnified by the law enforcement agency for five percent of the judgment or settlement or $25,000.00, whichever is less. (f) Notwithstanding any provision of this section to the contrary, to the extent that a law enforcement officer’s portion of a judgment or settlement is uncollectable from the law enforcement officer, the law enforcement agency or the law enforcement agency’s insurance shall satisfy any such uncollected amount of the judgment or settlement."

  • Starts disclosing public records

    No. Vermont is restricted in its public records and the proposed legislation has no mention of public records disclosure.

Case studies in Vermont

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

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