§ 52-571k — Action for equitable relief or damages resulting from deprivation of equal protection of the laws of the state committed by a police officer.

Connecticut § 52-571k

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 925: Statutory Rights of Action and Defenses

Text

(a) As used in this section: (1) “Law enforcement unit” has the same meaning as provided in section 7-294a ; and (2) “Police officer” has the same meaning as provided in section 7-294a . (b) No police officer, acting alone or in conspiracy with another, shall deprive any person or class of persons of the equal protection of the laws of this state, or of the equal privileges and immunities under the laws of this state, including, without limitation, the protections, privileges and immunities guaranteed under article first of the Constitution of the state. (c) Any person aggrieved by a violation of subsection (b) of this section may bring a civil action for equitable relief or damages in the Superior Court. A civil action brought for damages shall be triable by jury. (d) (1) In any civil action brought under this section, governmental immunity shall only be a defense to a claim for damages when, at the time of the conduct complained of, the police officer had an objectively good faith belief that such officer's conduct did not violate the law. There shall be no interlocutory appeal of a trial court's denial of the application of the defense of governmental immunity. Governmental immunity shall not be a defense in a civil action brought solely for equitable relief. (2) In any civil action brought under this section, the trier of fact may draw an adverse inference from a police officer's deliberate failure, in violation of section 29-6d , to record any event that is relevant to such action. (e) In an action under this section, each municipality or law enforcement unit shall protect and save harmless any such police officer from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit instituted against such officer by reason of any act undertaken by such officer while acting in the discharge of the officer's duties. In the event such officer has a judgment entered against him or her for a malicious, wanton or wilful act in a court of law, such municipality shall be reimbursed by such officer for expenses it incurred in providing such defense and shall not be held liable to such officer for any financial loss or expense resulting from such act. (f) In any civil action brought under this section, if the court finds that a violation of subsection (b) of this section was deliberate, wilful or committed with reckless indifference, the plaintiff may be awarded costs and reasonable attorney's fees. (g) A civil action brought pursuant to this section shall be commenced not later than one year after the date on which the cause of action accrues. Any notice of claim provision set forth in the general statutes, including, but not limited to, the provisions of subsection (d) of section 7-101a and subsection (a) of section 7-465 shall not apply to an action brought under this section.

Legislative History

(July Sp. Sess. P.A. 20-1, S. 41; P.A. 21-33, S. 9.) History: July Sp. Sess. P.A. 20-1 effective July 1, 2021, and applicable to any cause of action arising from an incident committed on or after July 1, 2021; P.A. 21-33 amended Subsec. (d) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re drawing adverse inference from deliberate failure to record any event relevant to the action, effective July 1, 2021.