HF 1104

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:32am

A bill for an act
relating to public safety; prohibiting immunity for peace officers; proposing coding
for new law in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [626.893] IMMUNITY PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Civil liability. new text end

new text begin (a) Notwithstanding any law to the contrary, a peace
officer who, under color of law, subjects or causes to be subjected, including but not limited
to failing to intervene, another person to the deprivation of any rights, privileges, or
immunities granted to the person under the constitutions and laws of the United States and
this state, is liable to the injured party for compensatory damages, punitive damages, equitable
relief, or any other appropriate relief. If the plaintiff prevails in the action, in addition to
any monetary or injunctive relief, the court may award reasonable attorney fees and costs.
If the defendant prevails in the action, the court may award reasonable attorney fees and
costs if the court finds the claim to have been frivolous.
new text end

new text begin (b) Statutory immunities and statutory limitations on liability, damages, and attorney
fees shall not apply to claims brought under this subdivision. Qualified immunity is not a
defense to liability imposed under this subdivision.
new text end

new text begin (c) Nothing in this subdivision shall prevent an aggrieved person from pursuing any
other cause of action available to that person for the conduct giving rise to a cause of action
under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Criminal liability. new text end

new text begin Notwithstanding any law to the contrary, a peace officer
who, under color of law, subjects or causes to be subjected, including but not limited to
failing to intervene, another person to the deprivation of any rights, privileges, or immunities
granted to the person under the constitutions and laws of the United States and this state, is
not immune from criminal liability.
new text end

new text begin Subd. 3. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "peace officer" has the meaning
given in section 626.84, subdivision 1, paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to peace officer actions occurring on or after that date.
new text end