End qualified immunity in Wisconsin

Case Studies

Bills and Legislation

Introduced in 2021

Failed

Alongside 18 of other representatives, State Senator LaTonya Johnson and Jonathan Brostoff of the Wisconsin State Assembly introduced LRB-1942, a bill ending end qualified immunity for law enforcement officers in Wisconsin. However, the bill failed to pass.

Legislation details Graded rubric

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(2/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes, section 1 of the bill states, "**Immunity granted to public officials under s. 893.80 (4) or afforded under common law does not apply and may not be raised as a defense to civil liability claimed against a law enforcement officer for any act or failure to act by the officer done in an official capacity or in the course of his or her agency or employment**."

  • ✗
    Ends Qualified Immunity for all public employees

    No, the bill does not meet the standard. Section 1 of the bill states, "Immunity granted to public officials under s. 893.80 (4) or afforded under common law does not apply and **may not be raised as a defense to civil liability claimed against a law enforcement officer for any act or failure to act by the officer done in an official capacity or in the course of his or her agency or employment."**

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes, section 1 of the bill states, "**Immunity granted to public officials under s. 893.80 (4) or afforded under common law does not apply and may not be raised as a defense to civil liability claimed against a law enforcement officer for any act or failure to act by the officer done in an official capacity or in the course of his or her agency or employment**."

  • ✗
    Ends monetary caps on all public liability amounts

    No, the bill does not meet the standard and Wis. Stat. §893.80(3) caps public liability amounts.

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(1/5legislation passed)

  • ✗
    Implements a failure-to-intervene clause

    No, the bill does not meet the standard.

  • ✗
    Guarantees that victims are compensated the full amount awarded

    No, the bill does not meet the standard. The bill removes indemnification for law enforcement officers from existing state law (Wis. Stat. §895.46). Section 3 of the bill states, "Notwithstanding any other provision in this section, **the protection afforded by this section does not apply to any law enforcement officer proceeded against in an official capacity or as an individual because of acts committed while carrying out duties as an officer or employee or as an agent of any department of the stat**e"

  • ✗
    Starts attorney fees

    No, the bill does not meet the standard

  • ✗
    Starts holding individual employees accountable

    No, the bill does not meet the standard.

  • ✓
    Starts disclosing public records

    Yes, although the bill is silent on disclosure of public records, Wisconsin Legislature: 19.36(10) permits disclosure of public employee records.

Case studies in Wisconsin

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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