Plain English Breakdown
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HF3503 • 2026
Common law defenses of judicial and quasi-judicial immunity limited.
Common law defenses of judicial and quasi-judicial immunity limited.
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-02-19
House
Introduction and first reading, referred to Judiciary Finance and Civil Law
Official Summary Text
Common law defenses of judicial and quasi-judicial immunity limited.
Current Bill Text
Read the full stored bill text
A bill for an act relating to civil law; limiting the common law defenses of judicial and quasi-judicial immunity; amending Minnesota Statutes 2024, section 3.736, subdivision 1, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2024, section 3.736, subdivision 1, is amended to read: Subdivision 1. General rule. The state will pay compensation for injury to or loss of property or personal injury or death caused by an act or omission of an employee of the state while acting within the scope of office or employment or a peace officer who is not acting on behalf of a private employer and who is acting in good faith under section 629.40, subdivision 4 , under circumstances where the state, if a private person, would be liable to the claimant, whether arising out of a governmental or proprietary function. Nothing in this section waives the defense of judicial, quasi-judicial, or legislative immunity except to the extent provided in deleted text begin subdivision deleted text end new text begin subdivisions 1a and new text end 8. new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2026, and applies to causes of action arising on or after that date. new text end Sec. 2. Minnesota Statutes 2024, section 3.736, is amended by adding a subdivision to read: new text begin Subd. 1a. new text end new text begin Judicial and quasi-judicial immunity limited. new text end new text begin (a) For purposes of this subdivision, the following terms have the meanings given: new text end new text begin (1) "actual malice" means an act done with ill will, spite, or an improper intent to cause undue harm to another; and new text end new text begin (2) "bad faith" means a conscious and willful decision to act in a manner intending to mislead, deceive, or distort the truth, including but not limited to making a claim that one knows to be groundless or unfounded. new text end new text begin (b) The defense of judicial or quasi-judicial immunity does not apply to an act or omission that: new text end new text begin (1) violated either: new text end new text begin (i) a nondiscretionary ministerial requirement; or new text end new text begin (ii) the Code of Judicial Conduct established by the supreme court under section 490A.02, subdivision 7; and new text end new text begin (2) was done in bad faith or with actual malice. new text end new text begin (c) For a defendant properly raising a defense of judicial or quasi-judicial immunity, good faith and lack of malice are presumed until the plaintiff has proven, by clear and convincing evidence, that the defendant acted with bad faith or malice. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2026, and applies to causes of action arising on or after that date. new text end