Congressman Steve Cohen (TN-09), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, today re-introduced the Civil Rights Enhancement and Law Enforcement Accountability Improvement Act. The measure would apply the doctrine of respondent superior to employers of a law enforcement officers. If enacted, the employer would be vicariously liable for officers’ acts or omissions committed within the scope of their employment that deprive people of their constitutional rights. Effectively, states and municipalities would be liable to the same extent as private employers under state law.
The measure would also prohibit an employer from asserting a claim of immunity for the acts of an employee in such cases.
Congressman Cohen made the following statement:
“Too often cities and police departments look away from officer misconduct when it clearly violates civil rights. The Civil Rights Enhancement and Law Enforcement Accountability Improvement Act would make law enforcement agencies liable for their employees’ unconstitutional conduct, creating a powerful incentive to fully and properly train their officers, enforce agency policies, and create new systems to prevent misconduct and protect citizens’ rights. We have long held private employers vicariously liable for their employees’ tortious conduct, and law enforcement employers should be held to the same standard when their officers deprive individuals of their constitutional rights.”
Original source can be found here.
