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SVTPerformance's Chain of Restaurants
Road Side Pub
Colorado just ended Qualified Immunity for Law Enforcement
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<blockquote data-quote="Pribilof" data-source="post: 16440523" data-attributes="member: 155968"><p><a href="http://leg.colorado.gov/bills/sb20-217" target="_blank">Enhance Law Enforcement Integrity | Colorado General Assembly</a></p><p>The bill allows a person who has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer to bring a civil action for the violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity <s>and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses</s> <em>is not a defense</em> to the civil action. The bill requires a political subdivision of the state to indemnify its employees for such a claim; <em>except that if the peace officer's employer determines the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable for 5 percent of the judgment or $25,000, whichever is less, unless the judgment is uncollectible from the officer, then the officer's employer satisfies the whole judgment</em> .</p><p></p><p></p><p></p><p></p><p>I don't agree with OP that the sky is falling because of this bill.</p><p></p><p>ETA a response to "reap what you sew, liberals"- the link in the OP contains a quote from the Cato Institute praising the law. You'll need to include libertarians in your quote. Also, plenty of Republicans voted to pay the bill in both the CO house and Senate. It was near unanimous in both chambers.</p></blockquote><p></p>
[QUOTE="Pribilof, post: 16440523, member: 155968"] [URL='http://leg.colorado.gov/bills/sb20-217']Enhance Law Enforcement Integrity | Colorado General Assembly[/URL] The bill allows a person who has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer to bring a civil action for the violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity [S]and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses[/S] [i]is not a defense[/i] to the civil action. The bill requires a political subdivision of the state to indemnify its employees for such a claim; [i]except that if the peace officer's employer determines the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable for 5 percent of the judgment or $25,000, whichever is less, unless the judgment is uncollectible from the officer, then the officer's employer satisfies the whole judgment[/i] . I don't agree with OP that the sky is falling because of this bill. ETA a response to "reap what you sew, liberals"- the link in the OP contains a quote from the Cato Institute praising the law. You'll need to include libertarians in your quote. Also, plenty of Republicans voted to pay the bill in both the CO house and Senate. It was near unanimous in both chambers. [/QUOTE]
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SVTPerformance's Chain of Restaurants
Road Side Pub
Colorado just ended Qualified Immunity for Law Enforcement
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