Name: NH House kills bill to end qualified immunity for public officials, including police officers
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NH House kills bill to end qualified immunity for public officials, including police officers

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AdvertisementAdvertisementNH House kills bill to end qualified immunity for public officials, including police officersThe New Hampshire House on Friday night narrowly killed legislation that would have eliminated qualified immunity as a defense in lawsuits against public officials, including police officers, that allege violations of constitutional rights.The House rejected a motion to pass the bill on a vote of 184-178 and then immediately moved to table it. Because the House was on a deadline to act on all bills that originated in the House, by tabling the bill, the House effectively killed it for the session, although a similar bill can be brought back to the House next year.House Bill 111 excluded a qualified immunity defense in lawsuits, including those alleging the use of excessive force by police officers. The bill said that a court could not be “impeded” by a public official or police officer’s defense that:-- The official acted in good faith, believed his or her conduct was lawful or could not have reasonably been expected to know whether his or her conduct was lawful, – The rights and immunities at issue were not “clearly established” by state or federal laws or the state or U.S. constitutions.Under the bill, a police officer could not have been held personally liable but could named as a defendant, with legal costs presumably paid by the municipality or government entity. The bill brought together a coalition of progressive Democratic lawmakers and conservative groups such as the advocacy group, Americans for Prosperity-New Hampshire, which expressed disappointment at the vote.Rep. Paul Berch, D-Westmoreland, the chief sponsor, urged the House to pass the bill, noting that it was recommended for passage on a lopsided 19-2 vote of the House Judiciary Committee.Berch said that as a former government employee, “I’ve always been a strong supporter of government accountability and transparency.”“HB 111 is a victims’ rights bill,” Berch said. “It is a government accountability bill. It is a bill that guarantees that the citizens of our state have a right to go to state court for redress of harms done to them by the government, promptly and without delay.”AFP-NH Deputy State Director Ross Connolly said in a statement:“Unfortunately, Granite Staters will continue to face the same broken status quo that fails to hold government officials accountable when they violate someone’s constitutional rights. This bill would have opened an avenue to allow justice for victims and strengthened our state constitution."It is wrong government officials can use ignorance of the law as an excuse for willful violations of a person’s civil rights and we hope the Legislature can continue to work on this important issue next session.”A coalition of mayors of 13 New Hampshire cities opposed the bill, writing in a letter to the House that passage “would expose New Hampshire taxpayers to a significant and material increase in their property taxes and other state taxes and fees.”The bill was also strongly opposed by the New Hampshire Police Association and the New Hampshire Municipal Association.The New Hampshire House on Friday night narrowly killed legislation that would have eliminated qualified immunity as a defense in lawsuits against public officials, including police officers, that allege violations of constitutional rights.The House rejected a motion to pass the bill on a vote of 184-178 and then immediately moved to table it. Because the House was on a deadline to act on all bills that originated in the House, by tabling the bill, the House effectively killed it for the session, although a similar bill can be brought back to the House next year.Advertisementexcluded a qualified immunity defense in lawsuits, including those alleging the use of excessive force by police officers. The bill said that a court could not be “impeded” by a public official or police officer’s defense that:-- The official acted in good faith, believed his or her conduct was lawful or could not have reasonably been expected to know whether his or her conduct was lawful, – The rights and immunities at issue were not “clearly established” by state or federal laws or the state or U.S. constitutions.Under the bill, a police officer could not have been held personally liable but could named as a defendant, with legal costs presumably paid by the municipality or government entity.The bill brought together a coalition of progressive Democratic lawmakers and conservative groups such as the advocacy group, Americans for Prosperity-New Hampshire, which expressed disappointment at the vote.Rep. Paul Berch, D-Westmoreland, the chief sponsor, urged the House to pass the bill, noting that it was recommended for passage on a lopsided 19-2 vote of the House Judiciary Committee.Berch said that as a former government employee, “I’ve always been a strong supporter of government accountability and transparency.”“HB 111 is a victims’ rights bill,” Berch said. “It is a government accountability bill. It is a bill that guarantees that the citizens of our state have a right to go to state court for redress of harms done to them by the government, promptly and without delay.”AFP-NH Deputy State Director Ross Connolly said in a statement:“Unfortunately, Granite Staters will continue to face the same broken status quo that fails to hold government officials accountable when they violate someone’s constitutional rights. This bill would have opened an avenue to allow justice for victims and strengthened our state constitution."It is wrong government officials can use ignorance of the law as an excuse for willful violations of a person’s civil rights and we hope the Legislature can continue to work on this important issue next session.”A coalition of mayors of 13 New Hampshire cities opposed the bill, writing to the House that passage “would expose New Hampshire taxpayers to a significant and material increase in their property taxes and other state taxes and fees.”The bill was also strongly opposed by the New Hampshire Police Association and the New Hampshire Municipal Association.Loading more articles...

AdvertisementAdvertisementNH House kills bill to end qualified immunity for public officials, including police officersThe New Hampshire House on Friday night narrowly killed legislation that would have eliminated qualified immunity as a defense in lawsuits against public officials, including police officers, that allege violations of constitutional rights.The House rejected a motion to pass the bill on a vote of 184-178 and then immediately moved to table it. Because the House was on a deadline to act on all bills that originated in the House, by tabling the bill, the House effectively...

NH House kills bill to end qualified immunity for public officials, including police officers

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