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ME LD1660
Bill
Status
5/20/2025
Primary Sponsor
David Boyer
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AI Summary
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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
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Government employers bear liability for employee misconduct, with individual government employees shielded from personal financial liability in these actions
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Eliminates qualified immunity, sovereign immunity, and other common law immunity defenses for government employers in constitutional violation cases
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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
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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