End qualified immunity in Vermont

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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.

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

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."

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

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

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."

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."

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."

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