End qualified immunity in Wisconsin
Bills and Legislation
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.
Ends Qualified Immunity for all law enforcement officers
Yes. The proposed legislation prohibits the use of qualified immunity for all law enforcement officers. It states: (2) 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 proposed legislation does not prohibit qualified immunity as a defense for all public employees.
Ends Qualified Immunity for all state constitutional violations
Yes. The proposed legislation states, "(2) 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 proposed legislation does not remove the caps in Wis. Stat. §893.80(3).
Implements a failure-to-intervene clause
No. The proposed legislation does not address failure to intervene.
Guarantees that victims are compensated the full amount awarded
No. The proposed legislation removes indemnification for law enforcement officers from existing state law.(Wis. Stat. §895.46) The proposed legislation states: (b) 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 state.
Starts attorney fees
No. The proposed legislation does not address attorney fees.
Starts holding individual employees accountable
No. The proposed legislation does not include a consequence for officers who engage in wrongdoing.
Starts disclosing public records
Yes. The legislation does not address public records disclosure, but existing state statutes all for disclosure of certain records regarding public employees. Wisconsin Legislature: 19.36(10)
Case studies in Wisconsin
Qualified immunity impacts everyone. Officers in your state are violating community members’ rights without consequence.
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