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MA S1085
Bill
Status
2/27/2025
Primary Sponsor
James Eldridge
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AI Summary
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Creates a civil cause of action for victims of sexual assault by law enforcement officers who violated Massachusetts General Laws sections 13H½ or 22 of chapter 265 while the victim was under the officer's control
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Eliminates the requirement for plaintiffs to prove the officer engaged in threats, intimidation, or coercion to prevail in their claim
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Removes the qualified immunity standard by not requiring plaintiffs to show the violation was contrary to clearly established rights that a reasonable person would have known
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Defines "control" broadly to include supervising minors in law enforcement training programs, questioning/investigating/detaining individuals, communicating power to charge or arrest, or exercising influence under color of law
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Awards prevailing plaintiffs compensatory damages, injunctive relief, litigation costs, and reasonable attorney's fees
Legislative Description
Relative to civil remedies for sexual assault by an officer
Last Action
Bill reported favorably by committee and referred to the committee on Senate Ways and Means
1/29/2026