SB 295

This bill provides that immunity granted to public officials under current law

does not apply and is not a defense to civil liability claimed against a law enforcement

officer for any act or failure to act by the officer done in an official capacity or in the

course of his or her agency or employment.

With certain exceptions, current law grants public officials, including law

enforcement officers, immunity from liability for actions taken while acting in an

official capacity or in the course of his or her employment or agency. Public officer

immunity provides immunity from suit for “acts done in the exercise of legislative,

quasi-legislative, judicial or quasi-judicial functions.” As stated by the Wisconsin

Supreme Court, there is, with exceptions, a “general rule of immunity for public

officers in their performance of acts within the scope of employment.”

Brown v.

Acuity

, 2013 WI 60, ¶ 42, 348 Wis. 2d 603, 623, 833 N.W.2d 96, 106.

The bill also eliminates certain indemnification available under current law for

law enforcement officers. Under current law, law enforcement officers and other

local and state officers, employees, and agents may be eligible for indemnification by

the governmental entity that employs them for any judgment against them (in excess

of any available insurance) for acts committed while carrying out their duties if the

individual is found to be acting within the scope of employment. With certain

exceptions, under current law, officers, employees, and agents may also be entitled

to legal counsel or, if legal counsel is not provided, indemnification for the costs of

legal representation.