End Gov’t Impunity

The approved amendment adds a new section specifying if “funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2023, in the omnibus appropriations act, this act is null and void." #HB1025 #WALeg

🚨BREAKING: #HB1025 Washington legislation sponsored by Rep. Thai to create a state COA for employer liability for an employee’s official misconduct w/out the shield of #qualifiedimmunity was amended & reported out of the Appropriations Committee w/ a do pass recommendation.

🚨NEW: Last week, Rhode Island lawmakers reintroduced legislation to create a state COA for civil rights violations, w/out the shield of #qualifiedimmunity #H5568 sponsored by @jfbatista12 was referred to the Judiciary Committee. #RILeg Read the bill: webserver.rilegislature.gov/…

After passing the Washington State House Judiciary Committee last week, #HB1025 #WALeg to EQI (as amended) was referred to the Washington House Rules Committee for review. #EndQualifiedImmunity

Amendment proposed by Rep. Hansen to narrow the new state COA from “under the state Const., or state law” & to “under the state Const.,” or two specific state laws related to (1) restrictions on immigration & citizenship status and (2) use of force was approved. #HB1025 #WALeg

🚨GOOD NEWS: Last Friday, the Washington State House Civil Rights & Judiciary Committee voted 6-5 on #HB1025 leg to create a state COA for employer liability for an employee’s official misconduct w/out defense of #qualifiedimmunity reporting it out of committee w/ a do pass rec.

🚨NEW: The New Hampshire House Judiciary Committee has voted 16-3-1 on a motion to table #HB647 legislation to #EndQualifiedImmunity across the granite state. A member can bring the bill for a house floor vote, but it is unlikely to occur. The bill will not advance to the Senate.

“Right now under state law, people who engage in constitutional violations their chiefs can’t fire them…it is [also] very difficult to hold bad actors accountable in ct…[but] civil ct is the solution we have for the violation of rights.” @frankknaack @ACLU_NH #HB647 #NHleg

In another case, attorney @frankknaack of the @ACLU_NH recalls “the officer was shielded by qualified immunity…[where a Ct determined] there is likely a constitutional violation…[but] the victim couldn’t get their day in court because of qualified immunity.”

The @ACLU_NH @frankknaack emphasizes the absurd specificity of QI, which a ct once awarded to “an officer [that] shot at a dog…ended up shooting at a 10 yr old kid…b/c there was no other case where another child was shot when the officer intended to shoot at something else.”

In response to critics’ claims that EQI will chill law enforcement recruitment, @pjaicomo of the @IJ highlights the provision in #HB647 specifying that employee officers cannot be sued under the new cause of action, even if they can be fired for constitutional rights violations.

“The language creating the COA [in HB647] is modeled after the federal civil rights statute, 42 USC Section 1983, which was passed after the Civil War…in place since 1871.” @pjaicomo on #HB647, New Hampshire legislation to #EndQualifiedImmunity

“The people of New Hampshire have incredibly important foundational rights guaranteed to them by the bill of rights…but because of existing immunity doctrines those rights often go unenforced,” @pjaicomo on #HB647, New Hampshire legislation to #EndQualifiedImmunity

New Hampshire State #HB647 was referred to the House Judiciary Committee. A hearing was held on 1/26/23 and executive action on the bill is scheduled for today 2/8/23 and/or tomorrow 2/9/23. #LinkInBio

House Bill 647 (continued): ✅Eliminates qualified and other immunities as a defense; ✅Includes a 3-year SOL; ✅ Preserves judicial and legislative immunity; ✅Empowers an employer to terminate an employment contract or agreement of an employee for official misconduct.

House Bill 647: ✅Creates a state COA for employer vicarious liability; ✅Adopts a reasonable employee standard; ✅Allows a plaintiff to sue only a municipal employer; ✅Provides reasonable attorneys fees to a prevailing plaintiff or defendant in a frivolous lawsuit;

🚨New Hampshire lawmakers reintroduced a bipartisan bill to #EndQualifiedImmunity under a state COA creating vicarious employer liability for employee misconduct. #HB647 is sponsored by Tony Lekas (R), Marjorie Smith (D), Tom Mannion (R), Popovici-Muller (R), & Keith Murphy (R).

Rep. Thai: “I am asking [us]…to dig deep within ourselves the question of why are we here? What are we elected to do? And how do we continue to create the kind of policies that create joy in our community. One of those is to lessen the death toll for our loved ones.” #EndQi

Lara Zarowsky of @InnocenceNW discussed the pervasiveness of wrongful convictions in our CJS. “The leading cause of wrongful convictions is official misconduct…present in 54% of all wrongful convictions nationally and 40% of wrongful convictions noted in Washington state.”