A 3278 New Jersey General Assembly · 2024-2025 Regular Session

Establishes certain restrictions on qualified immunity defense for public employees.

This bill restricts the qualified immunity defense for public employees, including law enforcement officers, in civil rights lawsuits involving unjustified use of force or violations of the New Jersey Civil Rights Act. It shifts the burden of proof to the public employee or employer, requiring them to demonstrate they did not violate a clearly established right rather than the plaintiff proving the right was established. The bill also explicitly prohibits using the argument that the plaintiff's rights were not clearly established at the time of the incident as a defense. This directly affects how such cases are handled in New Jersey courts, particularly in use-of-force and civil rights claims.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2024
Committee Review
Floor Vote
Governor
Introduced Jan 9, 2024 Last action Jan 9, 2024
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Jan 9, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Public Safety and Preparedness Committee
lower
1 primary · 0 co-sponsors

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Role
Legislator
Party
State
District
P
Photo of Verlina Reynolds-Jackson
Verlina Reynolds-Jackson
DDemocratic
NJ
15