HOUSE BILL NO. 1955 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BOSLEY.
4919H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 506, RSMo, by adding thereto one new section relating to civil actions against peace officers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 506, RSMo, is amended by adding thereto one new section, to be 2 known as section 506.450, to read as follows: 506.450. 1. A peace officer, as defined under section 590.010, who, under color of 2 law, deprives any individual of his or her constitutional rights shall be liable to such 3 individual for legal or equitable relief or any other appropriate relief. 4 2. (1) Statutory immunities and statutory limitations on liability, damages, or 5 attorney's fees shall not apply to claims brought under this section. 6 (2) Qualified immunity shall not be a defense to liability under this section. 7 3. In any action brought under this section, a court shall award reasonable 8 attorney's fees and costs to a prevailing plaintiff. In actions for injunctive relief, a court 9 shall deem a plaintiff to have prevailed if the plaintiff's suit was a substantial factor or 10 significant catalyst in obtaining the results sought by the litigation. If a judgment is 11 entered in favor of a defendant, the court may award reasonable costs and attorney's 12 fees to the defendant for defending any claims the court finds frivolous. 13 4. Notwithstanding any other provision of law, a peace officer's employer shall 14 indemnify a peace officer for any liability incurred by the peace officer and for any 15 judgment or settlement entered against the peace officer for claims arising under this 16 section, except that if the peace officer's employer determines that the officer did not act 17 upon a good faith and reasonable belief that the action was lawful, the peace officer is
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1955 2
18 personally liable and shall not be indemnified by the peace officer's employer for five 19 percent of the judgment or settlement or twenty-five thousand dollars, whichever is less. 20 Notwithstanding any provision of this section, if the peace officer's portion of the 21 judgment is uncollectable from the peace officer, the peace officer's employer or 22 insurance shall satisfy the full amount of the judgment or settlement. A public entity is 23 not required to indemnify a peace officer if the peace officer was convicted of a criminal 24 violation for the conduct from which the claim arises. 25 5. A civil action under this section shall be commenced within two years after the 26 cause of action accrues. ✔
Statutes affected: