HB 1640-FN establishes standards and procedures for claims against the State for alleged violations of constitutional rights by government employees. The bill aims to allow courts to determine if a government employee's action violated the constitution without being hindered by doctrines like qualified immunity. It clarifies that the government employer, not the government employee, is the proper defendant in an action for a violation of constitutional rights. The bill prohibits common law doctrines of immunity, qualified immunity, sovereign immunity, and statutory immunities and limitations on liability or damages. It establishes a 3-year time limit for bringing a claim and places the burden of proof on the plaintiff to show that the government employee violated a constitutional right. The bill also includes provisions regarding termination of employment for government employees who violate constitutional rights and public disclosure of documents related to claims. However, the Department of Justice, the Judicial Branch, the New Hampshire Association of Counties, and the New Hampshire Municipal Association all express concerns about the financial impact of the bill, with potential increases in litigation costs and insurance costs for state agencies, counties, and municipalities.

Statutes affected:
Introduced: 541-B:9, 541-B:9-, 541-B:14