"The Law Enforcement Integrity Act"; create to authorize civil liability.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Karriem

HOUSE BILL NO. 1429

AN ACT TO CREATE "THE LAW ENFORCEMENT INTEGRITY ACT"; TO 1
PROVIDE DEFINITIONS FOR THE ACT; PROVIDE THAT STATE, COUNTY, 2
MUNICIPAL OR POLITICAL SUBDIVISION EMPLOYERS OF LAW ENFORCEMENT 3
SHALL BE LIABLE FOR THE INJURIES CAUSED BY THEIR LAW ENFORCEMENT 4
OFFICERS; TO AUTHORIZE CIVIL LIABILITY; TO BRING FORWARD SECTIONS 5
11-46-5, 11-46-7, AND 11-46-9, MISSISSIPPI CODE OF 1972, WHICH 6
PROVIDES FOR GOVERNMENTAL IMMUNITY, FOR PURPOSES OF AMENDMENT; TO 7
PROVIDE A STATUTE OF LIMITATIONS; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. The following words shall have the following 10
meanings: 11
(a) "Government" means state, county, municipal, and 12
other political subdivision in this state. 13
(b) "Government employer" means an executive, 14
legislative, or judicial agency, department, board, commission, 15
authority, institution, or instrumentality of the state or of a 16
county, municipality, or other political subdivision in this 17
state. 18
(c) "Peace Officer" means any local or state law 19
enforcement officer, including, but not limited to, a state 20
trooper, the sheriff of a county, sheriff deputies of a county, 21
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the chief of police of a city or town, a police officer of a city 22
or town, a constable, or a parole officer. 23
SECTION 2. (1) Notwithstanding any provision of law to the 24
contrary, each state, county, municipality and political 25
subdivision of the state shall be liable for any injury caused by 26
an act or omission of a peace officer who, under color of law, 27
violates a right under the constitution of this state or the 28
United States. Notwithstanding any other provision of law, a 29
peace officer's employer shall indemnify its peace officers for 30
any liability incurred by the peace officer and for any judgment 31
or settlement entered against the peace officer for claims arising 32
pursuant to this section; except that, if the peace officer's 33
employer determines that the officer did not act upon a good faith 34
and reasonable belief that the action was lawful, then the peace 35
officer is personally liable and shall not be indemnified by the 36
peace officer's employer for five percent (5%) of the judgment or 37
settlement, or Twenty five Thousand Dollars ($25,000.00), 38
whichever is less. 39
(2) If the peace officer's portion of the judgment is 40
uncollectible from the peace officer, the peace officer's employer 41
or personal insurance shall satisfy the full amount of the 42
judgment or settlement. 43
(3) No judgment awarded under this act shall exceed Two 44
Million Dollars ($2,000,000.00). 45
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(4) An individual may seek legal, equitable, or other relief 46
in a court of this state for a violation of the individual's right 47
under the constitution of this state or the United States. 48
(5) The proper defendants in an action are the government 49
employer and government employee(s). 50
(6) The provision of this act shall be excluded from: 51
(a) Common law doctrines of immunity, including, but 52
not limited to, the state recognized doctrine of qualified 53
immunity; 54
(b) Federally recognized doctrines of qualified 55
immunity; 56
(c) Sovereign immunity, discretionary function 57
immunity, governmental immunity, custom or policy; or 58
(d) Statutory immunities and limitations on liability 59
or damages, including, but not limited, to immunities contained in 60
the Mississippi Tort Claims Act. 61
(7) The provisions of this act shall not be construed to 62
abrogate immunity for judges and legislators at any level of 63
government for actions taken in their judicial or legislative 64
capacities, respectively. 65
(8) The provisions of this act shall not be construed to 66
authorize class actions. Such actions are prohibited under this 67
act. 68
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(9) No claim shall commence any later than three (3) years 69
from the date a claim can be brought for the deprivation of a 70
right under the constitution of this state or the United States. 71
(10) The plaintiff bears the burden of proving their claim 72
by a preponderance of the evidence. 73
SECTION 3. When evaluating a peace officer's use of force 74
under the constitution of the United States, the court's 75
determination of reasonableness must be objective and made from 76
the perspective of a reasonable government employee on the scene 77
confronted with the immediate facts and circumstances of the 78
claim. The court shall recognize that a peace officer often must 79
make split-second decisions in tense, uncertain, and rapidly 80
evolving situations. A court shall not determine reasonableness 81
using hindsight or based on facts and circumstances that are later 82
discovered. 83
SECTION 4. The court's order shall be supported by findings 84
of facts and conclusions of law. The court shall make the 85
findings of fact in a bench trial and the jury shall make them in 86
a jury trial. The court shall make conclusions of law. 87
SECTION 5. Plaintiffs who prevail under the act will be 88
allowed to petition the court for compensatory damages. However, 89
plaintiffs may not petition for punitive damages. 90
SECTION 6. (1) In any proceeding in which a plaintiff's 91
claim prevails, the government shall be liable for reasonable 92
attorney's fees and other litigation costs. 93
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(2) Reasonable attorney's fees include those incurred on an 94
hourly or contingency basis, or by an attorney providing services 95
on a pro bono basis. 96
(3) The court shall recognize that a plaintiff's claim 97
prevails if the plaintiff obtains any relief the plaintiff seeks 98
in its complaint, whether the relief is obtained via judgment, 99
settlement or the government's voluntary change in behavior. 100
(4) Under this state's rules of civil procedure, the court 101
may dismiss a frivolous claim and may award reasonable attorney's 102
fees and costs to the defendant for defending against a frivolous 103
claim. 104
SECTION 7. In any instance, nothing in this act shall 105
interfere with the Mississippi Board on Law Enforcement Officer 106
Standards and Training (BLEOST) authority to review cases and 107
revoke officers' state certification. 108
SECTION 8. (1) For any contract or agreement enacted after 109
the effective date of this legislation and notwithstanding any 110
other law, a court's finding that a government employee violated a 111
right under the constitution of this state or the United States 112
under this chapter is per se evidence that the government employer 113
has just cause for terminating the employment of the government 114
employee. 115
(2) The government's termination of a contract, agreement or 116
employment with the government employee shall not affect the 117
government's liability under this chapter. 118
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SECTION 9. All documents, including complaints, judgments, 119
settlements, and consent decrees, are subject to public 120
disclosure. 121
SECTION 10. Section 11-46-5, Mississippi Code of 1972, is 122
brought forward as follows: 123
11-46-5. (1) Notwithstanding the immunity granted in 124
Section 11-46-3, or the provisions of any other law to the 125
contrary, the immunity of the state and its political subdivisions 126
from claims for money damages arising out of the torts of such 127
governmental entities and the torts of their employees while 128
acting within the course and scope of their employment is hereby 129
waived from and after July 1, 1993, as to the state, and from and 130
after October 1, 1993, as to political subdivisions; provided, 131
however, immunity of a governmental entity in any such case shall 132
be waived only to the extent of the maximum amount of liability 133
provided for in Section 11-46-15. 134
(2) For the purposes of this chapter an employee shall not 135
be considered as acting within the course and scope of his 136
employment and a governmental entity shall not be liable or be 137
considered to have waived immunity for any conduct of its employee 138
if the employee's conduct constituted fraud, malice, libel, 139
slander, defamation or any criminal offense other than traffic 140
violations. 141
(3) For the purposes of this chapter and not otherwise, it 142
shall be a rebuttable presumption that any act or omission of an 143
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employee within the time and at the place of his employment is 144
within the course and scope of his employment, except for actions 145
described in subsection (2) of Section 73-25-33 and subsection (5) 146
of this section. 147
(4) Nothing contained in this chapter shall be construed to 148
waive the immunity of the state from suit in federal courts 149
guaranteed by the Eleventh Amendment to the Constitution of the 150
United States. 151
(5) For purposes of this chapter, an employee shall not be 152
considered as acting within the course and scope of his or her 153
employment and a governmental entity shall be liable or be 154
considered to have waived immunity for any conduct of its employee 155
if the employee's conduct constituted a violation of Title 41, 156
Chapter 141, Mississippi Code of 1972. 157
SECTION 11. Section 11-46-7, Mississippi Code of 1972, is 158
brought forward as follows: 159
11-46-7. (1) The remedy provided by this chapter against a 160
governmental entity or its employee is exclusive of any other 161
civil action or civil proceeding by reason of the same subject 162
matter against the governmental entity or its employee or the 163
estate of the employee for the act or omission which gave rise to 164
the claim or suit; and any claim made or suit filed against a 165
governmental entity or its employee to recover damages for any 166
injury for which immunity has been waived under this chapter shall 167
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be brought only under the provisions of this chapter, 168
notwithstanding the provisions of any other law to the contrary. 169
(2) An employee may be joined in an action against a 170
governmental entity in a representative capacity if the act or 171
omission complained of is one for which the governmental entity 172
may be liable, but no employee shall be held personally liable for 173
acts or omissions occurring within the course and scope of the 174
employee's duties. For the purposes of this chapter an employee 175
shall not be considered as acting within the course and scope of 176
his employment and a governmental entity shall not be liable or be 177
considered to have waived immunity for any conduct of its employee 178
if the employee's conduct constituted fraud, malice, libel, 179
slander, defamation or any criminal offense. 180
(3) From and after July 1, 1993, as to the state, from and 181
after October 1, 1993, as to political subdivisions, and subject 182
to the provisions of this chapter, every governmental entity shall 183
be responsible for providing a defense to its employees and for 184
the payment of any judgment in any civil action or the settlement 185
of any claim against an employee for money damages arising out of 186
any act or omission within the course and scope of his employment; 187
provided, however, that to the extent that a governmental entity 188
has in effect a valid and current certificate of coverage issued 189
by the board as provided in Section 11-46-17, or in the case of a 190
political subdivision, such political subdivision has a plan or 191
policy of insurance and/or reserves which the board has approved 192
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as providing satisfactory security for the defense and protection 193
of the political subdivision against all claims and suits for 194
injury for which immunity has been waived under this chapter, the 195
governmental entity's duty to indemnify and/or defend such claim 196
on behalf of its employee shall be secondary to the obligation of 197
any such insurer or indemnitor, whose obligation shall be primary. 198
The provisions of this subsection shall not be construed to alter 199
or relieve any such indemnitor or insurer of any legal obligation 200
to such employee or to any governmental entity vicariously liable 201
on account of or legally responsible for damages due to the 202
allegedly wrongful error, omissions, conduct, act or deed of such 203
employee. 204
(4) The responsibility of a governmental entity to provide a 205
defense for its employee shall apply whether the claim is brought 206
in a court of this or any other state or in a court of the United 207
States. 208
(5) A governmental entity shall not be entitled to 209
contribution or indemnification, or reimbursement for legal fees 210
and expenses from its employee unless a court shall find that the 211
act or omission of the employee was outside the course and scope 212
of his employment. Any action by a governmental entity against 213
its employee and any action by an employee against the 214
governmental entity for contribution, indemnification, or 215
necessary legal fees and expenses shall be tried to the court in 216
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the same suit brought on the claim against the governmental entity 217
or its employee. 218
(6) The duty to defend and to pay any judgment as provided 219
in subsection (3) of this section shall continue after employment 220
with the governmental entity has been terminated, if the 221
occurrence for which liability is alleged happened within the 222
course and scope of duty while the employee was in the employ of 223
the governmental entity. 224
(7) For the purposes of this chapter and not otherwise, it 225
shall be a rebuttable presumption that any act or omission of an 226
employee within the time and at the place of his employment is 227
within the course and scope of his employment. 228
(8) Nothing in this chapter shall enlarge or otherwise 229
adversely affect the personal liability of an employee of a 230
governmental entity. Any immunity or other bar to a civil suit 231
under Mississippi or federal law shall remain in effect. The fact 232
that a governmental entity may relieve an employee from all 233
necessary legal fees and expenses and any judgment arising from 234
the civil lawsuit shall not under any circumstances be 235
communicated to the trier of fact in the civil lawsuit. 236
SECTION 12. Section 11-46-9, Mississippi Code of 1972, is 237
brought forward as follows: 238
11-46-9. (1) A governmental entity and its employees acting 239
within the course and scope of their employment or duties shall 240
not be liable for any claim: 241
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(a) Arising out of a legislative or judicial action or 242
inaction, or administrative action or inaction of a legislative or 243
judicial nature; 244
(b) Arising out of any act or omission of an employee 245
of a governmental entity exercising ordinary care in reliance 246
upon, or in the execution or performance of, or in the failure to 247
execute or perform, a statute, ordinance or regulation, whether or 248
not the statute, ordinance or regulation be valid; 249
(c) Arising out of any act or omission of an employee 250
of a governmental entity engaged in the performance or execution 251
of duties or activities relating to police or fire protection 252
unless the employee acted in reckless disregard of the safety and 253
well-being of any person not engaged in criminal activity at the 254
time of injury; 255
(d) Based upon the exercise or performance or the 256
failure to exercise or perform a discretionary function or duty on 257
the part of a governmental entity or employee thereof, whether or 258
not the discretion be abused; 259
(e) Arising out of an injury caused by adopting or 260
failing to adopt a statute, ordinance or regulation; 261
(f) Which is limited or barred by the provisions of any 262
other law; 263
(g) Arising out of the exercise of discretion in 264
determining whether or not to seek or provide the resources 265
necessary for the purchase of equipment, the construction or 266
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maintenance of facilities, the hiring of personnel and, in 267
general, the provision of adequate governmental services; 268
(h) Arising out of the issuance, denial, suspension or 269
revocation of, or the failure or refusal to issue, deny, suspend 270
or revoke any privilege, ticket, pass, permit, license, 271
certificate, approval, order or similar authorization where the 272
governmental entity or its employee is authorized by law to 273
determine whether or not such authorization should be issued, 274
denied, suspended or revoked unless such issuance, denial, 275
suspension or revocation, or failure or refusal thereof, is of a 276
malicious or arbitrary and capricious nature; 277
(i) Arising out of the assessment or collection of any 278
tax or fee; 279
(j) Arising out of the detention of any goods or 280
merchandise by any law enforcement officer, unless such detention 281
is of a malicious or arbitrary and capricious nature; 282
(k) Arising out of the imposition or establishment of a 283
quarantine, whether such quarantine relates to persons or 284
property; 285
(l) Of any claimant who is an employee of a 286
governmental entity and whose injury is covered by the Workers' 287
Compensation Law of this state by benefits furnished by the 288
governmental entity by which he is employed; 289
(m) Of any claimant who at the time the claim arises is 290
an inmate of any detention center, jail, workhouse, penal farm, 291
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penitentiary or other such institution, regardless of whether such 292
claimant is or is not an inmate of any detention center, jail, 293
workhouse, penal farm, penitentiary or other such institution when 294
the claim is filed; 295
(n) Arising out of any work performed by a person 296
convicted of a crime when the work is performed pursuant to any 297
sentence or order of any court or pursuant to laws of the State of 298
Mississippi authorizing or requiring such work; 299
(o) Under circumstances where liability has been or is 300
hereafter assumed by the United States, to the extent of such 301
assumption of liability, including, but not limited to, any claim 302
based on activities of the Mississippi National Guard when such 303
claim is cognizable under the National Guard Tort Claims Act of 304
the United States, 32 USCS 715, or when such claim accrues as a 305
result of active federal service or state service at the call of 306
the Governor for quelling riots and civil disturbances; 307
(p) Arising out of a plan or design for construction or 308
improvements to public property, including, but not limited to, 309
public buildings, highways, roads, streets, bridges, levees, 310
dikes, dams, impoundments, drainage channels, diversion channels, 311
harbors, ports, wharfs or docks, where such plan or design has 312
been approved in advance of the construction or improvement by the 313
legislative body or governing authority of a governmental entity 314
or by some other body or administrative agency, exercising 315
discretion by authority to give such approval, and where such plan 316
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or design is in conformity with engineering or design standards in 317
effect at the time of preparation of the plan or design; 318
(q) Arising out of an injury caused solely by the 319
effect of weather conditions on the use of streets and highways; 320
(r) Arising out of the lack of adequate personnel or 321
facilities at a state hospital or state corrections facility if 322
reasonable use of available appropriations has been made to 323
provide such personnel or facilities; 324
(s) Arising out of loss, damage or destruction of 325
property of a patient or inmate of a state institution; 326
(t) Arising out of any loss of benefits or compensation 327
due under a program of public assistance or public welfare; 328
(u) Arising out of or resulting from riots, unlawful 329
assemblies, unlawful public demonstrations, mob violence or civil 330
disturbances; 331
(v) Arising out of an injury caused by a dangerous 332
condition on property of the governmental entity that was not 333
caused by the negligent or other wrongful conduct of an employee 334
of the governmental entity or of which the governmental entity did 335
not have notice, either actual or constructive, and adequate 336
opportunity to protect or warn against; provided, however, that a 337
governmental entity shall not be liable for the failure to warn of 338
a dangerous condition which is obvious to one exercising due care; 339
(w) Arising out of the absence, condition, malfunction 340
or removal by third parties of any sign, signal, warning device, 341
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illumination device, guardrail or median barrier, unless the 342
absence, condition, malfunction or removal is not corrected by the 343
governmental entity responsible for its maintenance within a 344
reasonable time after actual or constructive notice; 345
(x) Arising out of the administration of corporal 346
punishment or the taking of any action to maintain control and 347
discipline of students, as defined in Section 37-11-57, by a 348
teacher, assistant teacher, principal or assistant principal of a 349
public school district in the state unless the teacher, assistant 350
teacher, principal or assistant principal acted in bad faith or 351
with malicious purpose or in a manner exhibiting a wanton and 352
willful disregard of human rights or safety; or 353
(y) Arising out of the construction, maintenance or 354
operation of any highway, bridge or roadway project entered into 355
by the Mississippi Transportation Commission or other governmental 356
entity and a company under the provisions of Section 65-43-1 or 357
65-43-3, where the act or omission occurs during the term of any 358
such contract. 359
(2) A governmental entity shall also not be liable for any 360
claim where the governmental entity: 361
(a) Is inactive and dormant; 362
(b) Receives no revenue; 363
(c) Has no employees; and 364
(d) Owns no property. 365
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ST: "The Law Enforcement Integrity Act"; create
to authorize civil liability.
(3) If a governmental entity exempt from liability by 366
subsection (2) becomes active, receives income, hires employees or 367
acquires any property, such governmental entity shall no longer be 368
exempt from liability as provided in subsection (2) and shall be 369
subject to the provisions of this chapter. 370
SECTION 13. This act shall take effect and be in force from 371
and after July 1, 2026. 372