Rep. Rex Reynolds, R-Huntsville, the House Ways and Means General Fund Committee chair, discusses a bill on the floor of the Alabama House of Representatives on March 14, 2023. Reynolds has introduced a bill to provide law enforcement with enhanced immunity against lawsuits. (Stew Milne for Alabama Reflector)
An Alabama lawmaker has filed a bill that could enhance immunity for law enforcement officers against civil litigation or criminal prosecution by establishing an additional court proceeding to determine immunity.
HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, chair of the Ways and Means General Fund Committee, allows police, sheriffs’ deputies and detention officers to have immunity from civil and criminal litigation if they were acting within the scope of their authority as law enforcement.
A message was left with Reynolds Monday seeking comment.
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Under current statute, law enforcement officers are protected from tort litigation if their conduct aligns with the job but not if they act “willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.”
Reynolds’ bill would give law enforcement officers immunity while working at their jobs unless they behave recklessly or violate a person’s constitutional rights, an additional layer of protection than what is currently allowed in state law.
The bill would require a court to offer a law enforcement officer a pretrial hearing to determine whether the use of force was justified. It would also allow law enforcement to argue at the hearing that they are immune from prosecution.
“The case shall not proceed to trial until the court enters a written order setting forth reasons that the defendant lacks immunity from criminal prosecution under this section,” the bill states.
Should a court rule that the officer does not have immunity, law enforcement can appeal the decision to the Alabama Supreme Court.
The legislation is part of a package of bills dealing with law enforcement in the current legislative session. House members and the Senate will also discuss legislation related to Glock switches to help address homicide rates, as well as scholarships for dependents of law enforcement to help with recruitment efforts.
“Bolstering public safety is my number one priority this session, and I am proud to partner with Speaker Ledbetter and a bipartisan group of legislators in putting forward a package of bills that will back the blue and combat inner city gun violence,” said Gov. Kay Ivey during her State of the State address last week. “Working together, we will create a safer Alabama.”
Under Reynolds’ legislation, people pursuing a civil or criminal lawsuit against a law enforcement officer must prove wrongdoing and that law enforcement officers were acting outside their authority.
“The court must determine whether, if done for a proper purpose, the conduct was within, or reasonably related to, the outer perimeter of a law enforcement officer’s governmental discretion in performing his or her official duties,” the bill states.
According to language in the legislation, to file a civil lawsuit against law enforcement, the plaintiff must first cite the “legal authority” that creates the claims along with the factual allegations. Law enforcement can also refuse to comply with discovery in civil cases unless the motion to dismiss the alleged misconduct is frivolous, to preserve evidence, or to prevent undue prejudice or avoid justice.
Reynolds’ legislation allows law enforcement officers to ask a court to dismiss the suit or give summary judgment on the grounds that they have immunity and “shall entitle a law enforcement officer to mandamus relief from the Alabama Supreme Court.”
Russell Gold, a law professor at the University of Alabama, said the bill would likely “make bringing lawsuits against police officers even less likely,” citing qualified immunity, which protects not only law enforcement, but most government officials from liability when performing a job.
“I don’t have any reason to be concerned with frivolous lawsuits,” he said. “It is a tall order for someone to recover against a police officer. It is just a hard case to win.”
The bill would not have any effect on claims against law enforcement officers filed in federal court, the jurisdiction of many lawsuits filed against police.
Civil rights groups had some reservations about the bill.
“I am hopeful that legislators will thoughtfully consider the appropriate balance between the ability of law enforcement to keep our communities safe while ensuring that meaningful safeguards remain in place to hold those within the system accountable when they violate the trust placed in them,” said Jerome Dees, Alabama policy director for the Southern Poverty Law Center.
Rep. Juandalynn Givan, D-Birmingham, had concerns that offering immunity for individuals could make them less accountable when they engaged in misconduct.
“I believe everyone should have the right to seek judicial relief within the courts without the doors getting slammed in their faces,” she said. “Regardless of whether it is my profession or occupation, or another. We are continuing to further expand immunity.”
Law enforcement groups, including the Alabama Sheriffs Association, said they support the bill. Hoss Mack, executive director of the Sheriff’s Association, said some lawsuits go on for years, “even though the officer may be right.”
“Basically, you have someone out there waiting for something to handle over a period of years,” he said. “This could affect their careers or things of that nature.”
He also said it further defines the people who are covered by the legislation, such as tactical officers hired by police and sheriffs.
“If they do something wrong, they are still going to be prosecuted or they are still going to be sued,” Mack said. “It does not eliminate someone’s rights if that was to happen. This is just about those cases where there can be a predetermination as to whether they did or not.”
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