Purpose

• Establish a new framework to hold government employees civilly liable for violations of rights when they act under color of law.
• Create a remedial, nonexclusive set of remedies that applies across state and local government bodies, while preserving certain existing immunities for judges, prosecutors, and legislators.

Main provisions

• Civil liability for government employees: A government employee who deprives or causes the deprivation of rights protected by the U.S. or Minnesota constitutions and laws is liable to the injured party for compensatory damages, punitive damages, equitable relief, or other appropriate relief.
• Attorney fees: If the plaintiff wins, the court must award reasonable attorney fees and costs.
• On-duty and off-duty conduct: Liability can arise whether the employee is on duty or off duty, as long as the conduct occurs under color of law.
• Elimination of typical immunities: Statutory immunities and limitations on liability and attorney fees do not apply to claims brought under this section. Qualified immunity, official immunity, or sovereign immunity are not defenses here.
• Exceptions and limits: Immunity remains for judges, prosecutors, and legislators acting in their official capacities. The existing limitations on liability (as governed by another section, 541.05) still apply to actions brought under this act. This act does not override federal law or federal causes of action under 42 U.S.C. § 1983 or other federal law. It also does not prevent other legal claims arising from the same conduct.
• Remedies are nonexclusive: This act provides one path to sue, but does not bar other possible actions for the same conduct in other capacities or contexts.
• Remedial and liberally construed: The act is designed to be broad and reachable, with a liberal interpretation to support its purpose.
• Severability: If a provision is found invalid, the rest of the act remains in effect.

Changes to existing law and impact

• Significantly expands potential civil liability for government employees by removing common immunities as defenses in these cases.
• Establishes a clear pathway for compensatory, punitive, and equitable relief plus attorney fees when rights are violated under color of law.
• Maintains a federal-law avenue (e.g., 42 U.S.C. § 1983) and clarifies that this act does not limit or preempt those federal remedies.
• Integrates with current limits on damages and fees via existing statutes (e.g., 541.05), rather than replacing them.

Definitions (key terms)

• Government: Includes the state, counties, municipalities, and other political subdivisions within Minnesota, and also the federal government.
• Government employee: An individual employed by or contracted with a government employer.
• Government employer: An executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of a county, municipality, or other political subdivision in Minnesota, and any department, agency, or instrumentality of the federal government.
• Color of law: The action or conduct performed under the authority of government power.

Remedies and burdens of proof

• Damages and relief: Plaintiffs can pursue compensatory damages, punitive damages, equitable relief, or other appropriate relief.
• Attorney fees: Prevailing plaintiffs are entitled to reasonable attorney fees and costs.
• Scope of liability: Applies to conduct on or off duty when tied to state or federal authority (color of law).

Immunities and defenses

• Immunities like qualified immunity, official immunity, or sovereign immunity do not shield a government employee from liability under this section.
• Immunities for judges, prosecutors, and legislators in their official roles remain intact; this act does not remove those protections in their respective capacities.

Federal preemption and related actions

• The act does not limit or preempt federal causes of action or federal jurisdiction under 42 U.S.C. § 1983 or other federal law.
• It does not restrict or block other causes of action that may arise from the same conduct.

Severability and miscellaneous

• If any part of the section is invalid, the remaining parts can still be applied.
• The provisions are intended to be liberal and remedial in nature.

Relevant terms - civil liability, government employee, color of law, government, government employer, compensatory damages, punitive damages, equitable relief, attorney fees, on duty, off duty, qualified immunity, official immunity, sovereign immunity, 42 U.S.C. § 1983, federal action, rights, deprivation of rights, remedies, nonexclusive, remedial, severability, Minnesota Constitution, United States Constitution, deprivations.