BATON ROUGE, La. (WGNO) — Louisiana law enforcement officers could soon receive more protection, not from criminals, but from lawsuits.
Currently, officers are entitled to qualified immunity, but a bill making its way through the legislature would expand qualified immunity protections.
“In my opinion, this is probably one of the worst, if not the worst bill of this session,” said State Representative Edmond Jordan.
During Thursday’s hearing on the bill, the Democratic state representative reacted to the bill that would give police officers, deputies and other peace officers increased immunity from civil liability while working.
The bill’s author, Republican State Representative Tony Bacala, says officers could be held liable if they participated in criminal, fraudulent, or intentional misconduct.
“This bill does not protect bad actors,” Bacala said. “This bill shields officers and departments from frivolous BS civil actions.”
According to WGNO legal analyst Cliff Cardone, the legislation allows an officer to be protected from lawsuits even if they acted negligently.
“If the police officer arrests an individual, beats up the individual, and that individual is convicted of that underlying charge for which he is arrested, then that police officer would be free from any civil liability,” Cardone explained.
The exclusion of negligence in the bill alarmed some legislators.
“That’s why I tell you that the people who killed Ronald Green, they would get away with it under this statute,” Jordan said.
Those supporting the bill say the increased immunity gives officers peace of mind and could contribute to better retention.
“A good policeman doesn’t want to see a bad policeman,” said Darrell Basco, president of the Louisiana Fraternal Order of the Police and chief of police at the Pineville Police Department. “So, this legislation in no way stands up for bad law enforcement officers. It gives another ounce of protection for the good law enforcement officers that are out there every day doing this thankless job that they do.”
The bill passed the house in a 73-31 vote and it now heads to the senate for consideration.
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