SF 4592

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/13/2022 07:57am

A bill for an act
relating to civil liability; prohibiting immunity for government employee torts;
proposing coding for new law in Minnesota Statutes, chapter 3.

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

Section 1.

new text begin [3.7397] TORTS BY GOVERNMENT EMPLOYEES; CIVIL LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For 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, municipality, or other political subdivision
within the state.
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new text begin (c) "Government employee" means an individual employed or contracted by a
governmental employer.
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new text begin (d) "Governmental employer" means an executive, legislative, or judicial agency of the
state including any department, board, commission, authority, institution, or instrumentality
of the state or of a county, municipality, or other political subdivision.
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new text begin Subd. 2. new text end

new text begin State liability. new text end

new text begin (a) Notwithstanding section 3.736 and chapter 466, a
governmental employer shall be liable for an injury caused by an act or omission of a
government employee who, under the color of law, violates an individual's right under the
Constitution or laws of the United States or under the Constitution or laws of Minnesota.
An individual may seek legal, equitable, or other relief in a court in Minnesota or any other
jurisdiction in the United States.
new text end

new text begin (b) The proper defendant in an action is the governmental employer of the government
employee whose act or omission is the subject of a claim under this section, and not the
government employee. A government employee shall not be financially liable for a violation
of an individual's right under the Constitution or laws of the United States or under the
Constitution or laws of Minnesota.
new text end

new text begin (c) A governmental employer shall notify the government employee whose act or
omission is the subject of a claim under this section within ten days of the governmental
employer being served. The government employee has an unconditional right to intervene
in the action as a third-party defendant pursuant to the Minnesota Rules of Civil Procedure
and Minnesota Court Rules.
new text end

new text begin Subd. 3. new text end

new text begin Immunity; relationship to other law. new text end

new text begin (a) A claim under this section is not
subject to the following limitations on liability:
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new text begin (1) common law doctrines of immunity;
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new text begin (2) federal doctrines of qualified immunity;
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new text begin (3) sovereign immunity, governmental immunity, custom, or policy; or
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new text begin (4) statutory immunities and limitations on liability or damages.
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new text begin (b) Nothing in this section abrogates judicial or legislative immunity at any level of
government.
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new text begin (c) Notwithstanding the Minnesota Rules of Civil Procedure and Minnesota Court Rules,
a class action is prohibited for a claim under this section.
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new text begin Subd. 4. new text end

new text begin Statute of limitations. new text end

new text begin A claim under this section shall commence no later than
three years from the date an individual can bring a claim for the deprivation of a right under
the Constitution or laws of the United States or under the Constitution or laws of Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Jurisdiction; procedure. new text end

new text begin (a) An action under this section arises out of state
law. Jurisdiction is in the judicial system of the state pursuant to state laws and rules of civil
procedure.
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new text begin (b) A plaintiff bears the burden of proving a violation of a right under the Constitution
or laws of the United States or under the Constitution or laws of Minnesota by a
preponderance of the evidence.
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new text begin (c) A court order on a claim under this section shall be supported by findings of facts
and conclusions of law. A court shall make findings of fact in a bench trial and a jury shall
make findings of fact in a jury trial. A court shall make conclusions of law.
new text end

new text begin (d) When evaluating a government employee's use of force under the Constitution of
the United States or the Constitution of Minnesota, a court's determination of reasonableness
must be objective and made from the perspective of a reasonable government employee
confronted with the immediate facts and circumstances of the claim. A court must not
determine reasonableness based on facts and circumstances of a claim that are later
discovered. A court must recognize that a government employee must often make split-second
decisions in tense, uncertain, and rapidly evolving situations.
new text end

new text begin Subd. 6. new text end

new text begin Fees. new text end

new text begin (a) In a proceeding in which a plaintiff's claim prevails, the government
shall be liable for reasonable attorney fees and other litigation costs. Reasonable attorney
fees include those incurred on an hourly or contingency basis, or by an attorney providing
services on a pro bono basis. A court shall recognize that a plaintiff's claim prevails if the
plaintiff obtains any relief the plaintiff seeks in its complaint, whether the relief is obtained
via judgment, settlement, or a governmental employer's voluntary change in behavior.
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new text begin (b) Under the Minnesota Rules of Civil Procedure, a court may dismiss a frivolous claim
and may award reasonable attorney fees and costs to a defendant for defending against a
frivolous claim.
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new text begin Subd. 7. new text end

new text begin Termination of employment or contract. new text end

new text begin Notwithstanding any other law, a
court's finding that a government employee violated an individual's right under the
Constitution or laws of the United States or under the Constitution or laws of Minnesota
under this section is per se evidence that the governmental employer has just cause for
terminating the contract, agreement, or employment of the government employee. A
government's termination of a contract, agreement, or employment with a government
employee shall not affect the government's liability under this section.
new text end

new text begin Subd. 8. new text end

new text begin Public information. new text end

new text begin All documents, including complaints, judgments,
settlements, and consent decrees, are subject to public disclosure.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end