Bill > LD1660

This bill creates a comprehensive legal framework for individuals to sue government employers when a government employee violates constitutional rights under either the United States or Maine state constitution. The bill defines key terms such as "government" (which includes state, county, and municipal entities), "government employee," and "government employer," and establishes that the government employer, not the individual employee, is liable for constitutional rights violations. The bill eliminates common legal protections like sovereign immunity, qualified immunity, and other traditional immunities that have previously shielded government entities from such lawsuits. Importantly, while the government employer can be sued, the individual government employee cannot be personally financially liable for damages. The bill includes a three-year statute of limitations for filing claims and requires courts to evaluate use of force claims from the perspective of a reasonable government employee making split-second decisions in challenging circumstances. If a plaintiff prevails in such a lawsuit, the government must pay reasonable attorney's fees and litigation costs, and a court finding of a constitutional rights violation can serve as grounds for the employee's termination. The bill aims to provide a clear legal pathway for individuals to seek recourse against government entities for constitutional rights violations while protecting individual government employees from personal financial risk.

Justice

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1660&snum=132