Torts; stating liability of peace officers for injuries related to the deprivation of certain rights. Effective date.
Summary
SB1666 creates a new civil cause of action against peace officers employed by the state or a political subdivision when, acting under color of law, they deprive a person of rights secured by the Oklahoma Bill of Rights. The bill expressly covers conduct that includes failing to intervene, and it allows the injured person to seek legal, equitable, or other appropriate relief.
The measure also removes several common legal protections from these claims. It makes statutory immunities and statutory limits on liability, damages, and attorney fees inapplicable, bars the use of qualified immunity as a defense, and requires courts to award reasonable attorney fees and costs to prevailing plaintiffs. For injunctive-relief cases, it defines prevailing status broadly when the lawsuit was a substantial factor or significant catalyst in achieving the result sought.
Impact
If enacted, SB1666 would add a new statutory remedy in Title 76 and significantly alter how civil-rights-style claims against peace officers are litigated in Oklahoma. It would override the Governmental Tort Claims Act for claims brought under the new section, expose officers to direct liability for constitutional-rights deprivations, and require employers to indemnify officers in most circumstances, subject to a limited personal-liability carveout when the employer finds the officer did not act in good faith and reasonably believe the conduct was lawful. It also denies indemnification entirely for conduct that constituted a criminal offense and resulted in conviction.
Sentiment
The available legislative history shows the bill was introduced and referred to the Judiciary Committee, but there are no recorded committee transcripts or votes in the provided materials. As a result, there is no documented floor or committee sentiment to measure support or opposition. Based on the text alone, the bill appears aimed at expanding accountability for peace officers and strengthening remedies for plaintiffs alleging rights violations.
Contention
The main points of contention are likely to be the bill’s elimination of qualified immunity, its override of the Governmental Tort Claims Act, and its removal of statutory limits on damages and attorney fees, all of which substantially increase exposure for officers and their employers. Supporters would likely view these changes as necessary to provide meaningful remedies for constitutional-rights violations and to deter misconduct, while opponents would likely argue that the bill could discourage policing, increase litigation, and impose significant financial burdens on state and local governments. The indemnification provisions, especially the limited personal-liability exception and the criminal-conviction exclusion, are also likely to be debated because they shift risk between officers and employers in a highly specific way.
Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; prohibiting the assertion of qualified immunity as a defense to liability. Effective date.
Insurance: clarifying certain responsibilities in relation to glass and injurious substances on highways; directing for remittance of certain payments. Effective date.
The Governmental Tort Claims Act; requiring award of certain costs and fees for prevailing plaintiff; authorizing award of certain fees to defendant; providing for liability for exempted acts upon certain findings by court. Effective date.
Tort liability; prohibiting civil liability for certain persons under specified circumstances; clarifying applicability of certain immunity. Emergency.