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IPFS News Link • Colorado

Colorado's Progressive Governor and Legislature Just Ended Qualified Immunity for Police Officer

• https://lawandcrime.com, COLIN KALMBACHER

"This is a long overdue moment of national reflection," Polis said at the signing ceremony. "This is a meaningful, substantial reform bill."

A summary of the sea change from the Colorado legislature notes:

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 and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses is not a defense to the civil action. The bill requires a political subdivision of the state to indemnify its employees for such a claim; 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 .


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