Police reform bill could weaken qualified immunity
By Terry Murry on Friday, April 9th, 2021 in Columbia Basin News More Top Stories
HERMISTON – Most of the police reform bills being introduced in the Oregon Legislature are easy to understand. They include things like banning choke holds, limiting the use of tear gas, and making public complaints filed against law enforcement officers.
House Bill 2204 states it provides that public safety officers are acting in scope of employment for purposes of the Oregon Tort Claims Act. That’s one of the proposals that Hermiston Police Chief Jason Edmiston fears can do long-term damage to law enforcement officer’s qualified immunity, which stems from a U.S. Supreme Court ruling.
“There are a couple of things on the horizon that are extremely alarming, not necessarily specific to qualified immunity, but that open the door, I think, to attacking qualified immunity,” he said. “That is expanding the dollar amounts for tort notices.”
Tort notices are filed when individuals plan a civil suit against a state employee. House Bill 2204 lists public safety officers as coming under the definition of an employee for a public body. It also raises the amount of damages that can be asked for in a civil suit to $5 million.
