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Now in Effect: California Closes Some Qualified Immunity Loopholes in State Law

The legislation amends existing state law that creates a cause of action in state courts to sue a “person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state.”
United States Steven Bradfordd Gardena Julia Yoo Dave Roland Supreme Court Supreme Court Justice Byron White

Florida Bills Would Create a State Process to End Qualified Immunity

TALAHASSEE, Fla. (Dec. 28, 2021) – Bills filed in the Florida House and Senate for the 2022 legislative session would create a process to sue police officers in state court for using excessive force or taking other actions that violate individual rights without the “qualified immunity” defense. Rep. Cord Byrd (R) filed House Bill 829 […]
United States Manny Diaz Dave Roland Supreme Court Supreme Court Justice Byron White Supreme Court Or Congress

Kentucky Bill Would Ban State Enforcement of Most Federal Gun Control

A bill prefiled in the Kentucky House for the 2022 legislative session would ban state and local enforcement of most federal gun control; past, present and future. The enactment of this law represents an important first step toward bringing those measures to an end within the state.
New York United States Michael Boldin James Madison Justice Scalia Andrew Napolitano

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New Hampshire Bill Would End State Enforcement of Most Federal Gun Control

The legislation would ban the state and its political subdivisions, or any person acting under the color of state, county, or municipal law from using any personnel or financial resources to enforce, administer, or cooperate with any law, act, rule, order, or regulation of the United States Government or Executive Order of the President of the United States that is inconsistent with any New Hampshire law regarding the regulation of firearms, ammunition, magazines or the ammunition feeding device...
New York United States New Hampshire Michael Boldin James Madison Justice Scalia

Five Bills Taking on Federal Gun Control Prefiled in Alabama

At least five bills have been profiled in the Alabama legislature that would end or limit state and local enforcement of federal gun control. Enactment of one or more of these bills into law would represent a step toward ending federal acts that infringe on the right to keep and bear arms within the state.
New York United States Michael Boldin James Madison Parker Moore Andrew Napolitano

New Jersey Bill Would Create State Process to Limit Police Qualified Immunity

This would create an alternate pathway to hold police officers accountable for their actions without qualified immunity as a defense. The weakness in the New Jersey state process is that it requires the AG, a government official, to initiate the lawsuit. Individuals cannot file suit under the law on their own.
New Jersey United States Dave Roland Gilld Montclair Jersey Senate Supreme Court Justice Byron White

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