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ME LD1660

Bill

Status

Failed

5/20/2025

Primary Sponsor

David Boyer

Click for details

Origin

House of Representatives

132nd Legislature

AI Summary

  • Creates a private right of action allowing individuals to sue government employers (state, county, municipal agencies) for constitutional rights violations committed by government employees acting under color of law

  • Government employers bear liability for employee misconduct, with individual government employees shielded from personal financial liability in these actions

  • Eliminates qualified immunity, sovereign immunity, and other common law immunity defenses for government employers in constitutional violation cases

  • Preserves judicial and legislative immunity for judges and legislators acting in their official capacities; requires courts to evaluate use-of-force claims from the perspective of a reasonable employee on scene without hindsight

  • Establishes a 3-year statute of limitations, awards attorney's fees to prevailing plaintiffs, and allows a court finding of constitutional violation to serve as evidence of just cause for employee termination

Legislative Description

An Act Creating a Private Right of Action Against a Government Employer

Torts

Last Action

Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD)

5/20/2025

Committee Referrals

Judiciary4/15/2025

Full Bill Text

No bill text available