HF 3961

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/12/2026 04:45 p.m.

A bill for an act
relating to civil liability; establishing the Minnesota Civil Remedies Act; prohibiting
immunity for government employee torts; proposing coding for new law in
Minnesota Statutes, chapter 604.

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

Section 1.

new text begin [604.191] TORTS BY GOVERNMENT EMPLOYEES; CIVIL LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This section shall be known as the "Minnesota Civil Remedies
Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
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new text begin (b) "Government" means the state, a county, a municipality, or other political subdivision
within the state. Government also means the federal government.
new text end

new text begin (c) "Government employee" means an individual employed or contracted by a government
employer.
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new text begin (d) "Government employer" means an executive, legislative, or judicial agency,
department, board, commission, authority, institution, or instrumentality of a county,
municipality, or other political subdivision in this state. Government employer also means
any department, agency, or instrumentality of the federal government.
new text end

new text begin Subd. 3. new text end

new text begin Civil liability. new text end

new text begin (a) Notwithstanding any law to the contrary, a government
employee who, under color of law, deprives or causes to be deprived, including as a result
of a failure to intervene, another individual of any rights, privileges, or immunities granted
to the individual by the constitutions and laws of the United States and Minnesota 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 shall award reasonable attorney fees and costs.
new text end

new text begin (b) A government employee is liable under this section for conduct occurring on duty
or off duty if the employee was acting under color of law at the time of the conduct.
new text end

new text begin (c) Except as provided under paragraph (f), statutory immunities and statutory limitations
on liability, damages, and attorney fees do not apply to claims brought under this subdivision.
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new text begin (d) Qualified immunity, official immunity, or sovereign immunity are not a defense to
liability imposed under this section.
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new text begin (e) Nothing in this section abrogates immunity for judges, prosecutors, and legislators
at any level of government for actions taken in their judicial, prosecutorial, or legislative
capacities, respectively.
new text end

new text begin (f) The limitation in section 541.05 governs an action commenced under this section.
new text end

new text begin (g) Nothing in this section limits or preempts any federal cause of action or federal
jurisdiction under United States Code, title 42, section 1983, or any other federal law.
new text end

new text begin (h) Nothing in this section limits or preempts any other cause of action available for the
conduct giving rise to a cause of action under this subdivision. This section provides a
nonexclusive remedy and does not preclude legal action against any individual covered by
this section for conduct committed in any other capacity, including but not limited to actions
not taken under color of law.
new text end

new text begin (i) Government employees are prohibited from using this section to pursue a claim
arising from the individual's employment by the government employer.
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new text begin (j) This section is remedial in nature and is to be liberally construed.
new text end

new text begin Subd. 4. new text end

new text begin Severability. new text end

new text begin The provisions of this section are severable. If any provision of
this section or its application is held invalid, that invalidity does not affect other provisions
or applications that can be given effect without the invalid provision or application.
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 government employee actions occurring on or after that date.
new text end