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SECOND REGULAR SESSION
HOUSE BILL NO. 1955
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BOSLEY .
4919H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 506, RSMo, by adding thereto one new section relating to civil actions
against peace of ficers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 506, RSMo, is amended by adding thereto one new section, to be
2 known as section 506.450, to read as follows:
506.450. 1. A peace officer , as defined under section 590.010, who, under color of
2 law , deprives any individual of his or her constitutional rights shall be liable to such
3 individual for legal or equitable reli ef or any other appr opriate reli ef.
4 2. (1) Statutory immunities and statutory limitations on liability , damages, or
5 attorney's fees shall not apply to claims brou ght under this section.
6 (2) Qualified immunity shall not be a defense to liability under this section.
7 3. In any action brou ght under this section, a court shall award reas onable
8 attorney's fees and costs to a pr evailing plaintiff. In actions for injunctive r elief, a court
9 shall deem a plaintiff to have prev ailed if the plaintiff's suit was a substantial factor or
10 significant catalyst in obtaining the res ults sought by the litigation. If a judgment is
11 enter ed in favor of a defendant, the court may award reas onable costs and attorney's
12 fees to the defendant for defending any claims the court finds frivolous.
13 4. Notwithstanding any other pr ovision of law , a peace officer's employer shall
14 indemnify a peace officer for any liability incurr ed by the peace officer and for any
15 judgment or settlement enter ed against the peace officer for claims arising under this
16 section, except that if the peace officer's employer determines that the officer did not act
17 upon a good faith and reas onable belief that the action was lawful, the peace officer is
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 personally liable and shall not be indemnified by the peace officer's employer for five
19 per cent of the judgment or settlement or twenty-five thousand dollars, whichever is less.
20 Notwithstanding any provi sion of this section, if the peace officer's portion of the
21 judgment is uncollectable from the peace officer , the peace officer's employer or
22 insurance shall satisfy the full amount of the judgment or settlement. A public entity is
23 not req uired to indemnify a peace officer if the peace officer was convicted of a criminal
24 violation for the conduct fro m which the claim arises.
25 5. A civil action under this section shall be commenced within two years after the
26 cause of action accrues.
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HB 1955 2