Cops Would Be Liable Arresting Citizens For Recording Under Approved Conn. Bill
The Connecticut state senate approved a bill Thursday that would allow citizens to sue police officers who arrest them for recording in public, apparently the first of its kind in the nation.
As it is now, cops act with reckless immunity knowing the worst that can happen is their municipalties (read: taxpayers) would be responsible for shelling out lawsuits.
Senate Bill 245, which was introduced by Democratic Senator Eric Coleman and approved by a co-partisan margin of 42-11, must now go before the House.
The bill, which would go into effect on October 1, 2012, states the following:
This bill makes peace officers potentially liable for damages for interfering with a person taking a photograph, digital still, or video image of either the officer or a colleague performing his or her job duties. Under the bill, officers cannot be found liable if they reasonably believed that the interference was necessary to (1) lawfully enforce a criminal law or municipal ordinance; (2) protect public safety; (3) preserve the integrity of a crime scene or criminal investigation; (4) safeguard the privacy of a crime victim or other person; or (5) enforce Judicial Branch rules and policies that limit taking photographs, videotaping, or otherwise recording images in branch facilities.
Officers found liable of this offense are entitled, under existing law, to indemnification (repayment) from their state or municipal employer if they were acting within their scope of authority and the conduct was not willful, wanton, or reckless.
Although the bill does include exemptions, opponents, including a police officer, wanted to tack on three more exemptions, according to The Day.
The first, offered by Sen. Kevin Witkos, a sergeant in the Canton Police Department, called for an additional liability exemption if a person intended to “inconvenience or alarm” an officer in the performance of duty.
Witkos said he supported the underlying principle of the bill but wanted to make sure there were safeguards against ill-intentioned videographers who seek to interfere with police.
“I do believe that the public has a right, if they’re not in the way of a police officer doing their job, of filming all they want,” he said.
But Senate Majority Leader Martin Looney, D-New Haven, said the Witkos amendment would create too large a loophole. “It really would render the bill without meaning,” he said.
Looney also noted that interfering with an officer is already a crime and would remain so.
The other failed amendments would have exempted Capitol building police from liability and would have shifted the burden of proof onto the person bringing a lawsuit.
According to the Hartford Courant, the bill was inspired by the 2009 incident in which a priest was arrested for video recording cops inside a store shaking down immigrants, which led to a Department of Justice investigation and the arrest of four officers.