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MN SF4592

Bill

Status

Introduced

5/12/2022

Primary Sponsor

Scott Newman

Click for details

Origin

Senate

92nd Legislature 2021-2022

AI Summary

  • 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.

  • Individual government employees are exempt from financial liability for such violations, with the governmental employer named as the proper defendant instead.

  • Claims are not subject to common law immunity, qualified immunity, sovereign immunity, or statutory immunities, though judicial and legislative immunity remain protected.

  • 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.

  • 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

Committee Referrals

State Government Finance and Policy and Elections5/12/2022

Full Bill Text

No bill text available