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MN SF4592
Bill
Status
5/12/2022
Primary Sponsor
Scott Newman
Click for details
AI Summary
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Governmental employers become liable for injuries caused by government employees acting under color of law who violate constitutional or statutory rights of individuals under U.S. or Minnesota law.
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Individual government employees are exempt from financial liability for such violations, with the governmental employer named as the proper defendant instead.
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Claims are not subject to common law immunity, qualified immunity, sovereign immunity, or statutory immunities, though judicial and legislative immunity remain protected.
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Plaintiffs must prove violations by preponderance of evidence within three years, with courts evaluating use of force from the perspective of a reasonable employee confronted with immediate circumstances, not later-discovered facts.
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Prevailing plaintiffs recover reasonable attorney fees and litigation costs; courts may find constitutional violations constitute just cause for employee termination; all case documents are subject to public disclosure.
Legislative Description
Immunity for government employee torts prohibition
Last Action
Referred to State Government Finance and Policy and Elections
5/12/2022