HF 769

as introduced - 90th Legislature (2017 - 2018) Posted on 02/02/2017 01:25pm

A bill for an act
relating to civil law; providing for attorney fee awards in wrongful death actions
against law enforcement officers; amending Minnesota Statutes 2016, section
573.02, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 573.02, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Actions against a law enforcement officer. new text end

new text begin (a) In any action under this section
to recover damages for a death allegedly caused by a law enforcement officer acting within
the scope of employment:
new text end

new text begin (1) the court shall award costs and reasonable attorney fees to a prevailing defendant if
the action is dismissed under rule 12 or 56 of the Rules of Civil Procedure; and
new text end

new text begin (2) the court may, in its discretion, award costs and reasonable attorney fees to a
prevailing defendant if the defendant prevails after a trial and the court determines that the
action was frivolous or brought in bad faith.
new text end

new text begin (b) "Law enforcement officer" means a licensed peace officer or part-time peace officer,
as defined in section 626.84, subdivision 1, paragraphs (c) and (d), who is employed by a
unit of government.
new text end