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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
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subdivision
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subdivisions 1a and
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8.
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EFFECTIVE DATE.
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This section is effective August 1, 2026, and applies to causes
of action arising on or after that date.
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Sec. 2.
Minnesota Statutes 2024, section 3.736, is amended by adding a subdivision to
read:
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Subd. 1a.
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Judicial and quasi-judicial immunity limited.
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(a) For purposes of this
subdivision, the following terms have the meanings given:
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(1) "actual malice" means an act done with ill will, spite, or an improper intent to cause
undue harm to another; and
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(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.
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(b) The defense of judicial or quasi-judicial immunity does not apply to an act or omission
that:
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(1) violated either:
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(i) a nondiscretionary ministerial requirement; or
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(ii) the Code of Judicial Conduct established by the supreme court under section 490A.02,
subdivision 7; and
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(2) was done in bad faith or with actual malice.
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(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.
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EFFECTIVE DATE.
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This section is effective August 1, 2026, and applies to causes
of action arising on or after that date.
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