HB 20-1287 Summary

• Creates a private civil action allowing any person to sue for violations of rights, privileges, or immunities secured by the Colorado Constitution, with the Attorney General also authorized to bring such actions.

• Prevailing plaintiffs receive mandatory reasonable attorney fees and costs; defendants may recover attorney fees only for defending frivolous claims.

• Eliminates qualified immunity and good faith but erroneous belief in lawfulness as defenses to liability under this section.

• Establishes a two-year statute of limitations for civil actions brought under this statute.

• Requires public entities to indemnify public employees for liability and judgments under this section unless the employee was convicted of a crime related to the conduct at issue.