This bill establishes a private right of action for individuals harmed by peace officers who violate the state Constitution or specific state laws. It aims to provide a legal remedy for victims of unlawful policing, thereby promoting accountability and trust between communities and law enforcement. The bill introduces a new chapter in Title 7 RCW, which outlines the definitions of key terms, the conditions under which individuals can sue peace officers and their employers, and the liabilities of both parties. Notably, it precludes the doctrine of qualified immunity as it has been applied in federal law, allowing for greater accountability of peace officers.
Additionally, the bill amends RCW 4.24.420 to clarify that it does not affect rights of action under 42 U.S.C. Sec. 1983 or the newly created chapter. It specifies that plaintiffs can seek actual damages, nominal damages, and attorney fees, and establishes a three-year statute of limitations for filing claims. The act is set to take effect on January 1, 2025, unless specific funding is not provided by June 30, 2023, in which case the act would be null and void.
Statutes affected: Substitute Bill: 4.24.420
Second Substitute: 4.24.420