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Laws that remove the immunity of civil servants are still limited to a few states



Much attention was paid to a law in Colorado from 2020 that removes the qualified immunity of police officers, but it has gained some traction elsewhere.

Among its provisions, the Enhance Law Enforcement Integrity Act removes qualified immunity in cases where police officers are charged with a crime and make them pay 5%, or up to $ 25,000, of convictions against them.

While Connecticut, New Mexico and New York City – in addition to Colorado – have approved measures to change the qualified immunity of police officers, the concept has so far not been adopted anywhere else, including at the federal level, experts say.

The laws of Connecticut and New Mexico allow people to sue police officers for violating their rights under their respective state constitutions. New York law allows citizens to sue police officers for excessive violence or illegal house searches and seizures.

“I think people are coming to Colorado to see how it works and whether it should be part of the criminal justice reform agenda,”

; said Deborah A. Ramirez, a law professor at Northeastern University School of Law in Boston, who told police. should buy their own personal liability insurance.

Sandra McFarland, New York-based senior vice president of Marsh LLC’s U.S. public investment firm, said: “The truth is, claims are always paid for by government entities.”

Requiring police officers to pay some of the liability awards against them “can really discourage them from taking the position,” she said.


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