relative to qualified immunity standards.

HB 1640 proposes creating a new cause of action that allows individuals to sue the state or local government when a government employee violates their constitutional rights, such as through excessive force. The bill explicitly removes federal and common law doctrines like qualified immunity and sovereign immunity from these specific claims, ensuring that courts can determine liability without those legal barriers. Under this plan, the government employer would be the only defendant and would bear financial responsibility, while the individual employee would be protected from personal liability and given the right to intervene in the lawsuit. The legislation also establishes a three-year deadline for filing such claims and requires courts to evaluate the reasonableness of an employee's actions based on the facts known at the time of the incident. Although the bill includes provisions to protect judges and legislators from liability for their official duties, it was ultimately laid on the table by the House and did not become law.