Vote Smart's Synopsis:

vote to pass a bill that repeals qualified immunity for law enforcement officers.

Highlights:

• Establishes this chapter will constitute a waiver of sovereign immunity by the state of New Hampshire and its political subdivisions, and acceptance by the state and its political subdivisions of responsibility for an agent's acts under the color of law under the common law theory of respondeat superior, as required to enforce this chapter (Sec. 1-IV).

• Authorizes an individual to seek legal, equitable, or other relief under this chapter in state court for an injury caused by an agent of the state of New Hampshire or a political subdivision in violation of a right under the laws or constitution of New Hampshire or the United States (Sec. 1-507-H:3).

• Prohibits the court from being impeded by an invocation of a state agent’s defense or immunity including that (Sec. 1-507-H:4-II):

• The rights, privileges, or immunities secured by the laws or constitution of New Hampshire or the United States were not established at the time of their deprivation by the state agent, or that the state of the law was otherwise such that the state agent could not reasonably or otherwise have been expected to know whether the such agent’s conduct was lawful; or

• The state agent acted in good faith, or that the state agent believed, reasonably or otherwise, that his or her conduct was lawful at the time it was committed.

• Prohibits the court from being impeded by an invocation of a state agent’s defense or immunity including that (Sec. 1-507-H:4):

• The rights, privileges, or immunities secured by the laws or constitution of New Hampshire or the United States were not established at the time of their deprivation by the state agent, or that the state of the law was otherwise such that the state agent could not reasonably or otherwise have been expected to know whether the such agent’s conduct was lawful; or

• The state agent acted in good faith, or that the state agent believed, reasonably or otherwise, that his or her conduct was lawful at the time it was committed.

• Authorizes the state of New Hampshire or a political subdivision to terminate a contract, agreement, or employment with a state agent if the court finds, under this section, that the state agent violated an individual’s right under the laws or constitution of New Hampshire or the United States (Sec. 1-507-H:7-I).

Full Bill Text