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MA S1085

Bill

Status

Introduced

2/27/2025

Primary Sponsor

James Eldridge

Click for details

Origin

Senate

194th General Court

AI Summary

  • 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

  • Eliminates the requirement for plaintiffs to prove the officer engaged in threats, intimidation, or coercion to prevail in their claim

  • 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

  • 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

  • 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

Committee Referrals

Ways and Means1/29/2026
Judiciary2/27/2025

Full Bill Text

No bill text available