A new police accountability bill will make employers liable for injuries caused by the action of a law enforcement officer.

HB 1202, sponsored by Reps. My-Linh Thai (D–Bellevue) and Lauren Davis (D–Shoreline), establishes new accountability for law enforcement officers and their employers. Under the bill, if a person is injured by a law enforcement officer acting under the color of law, the injured person has a cause of action against that officer as well as any other law enforcement officer who could have prevented or aided in preventing the injury yet failed to act. These events could occur if the officer:

• Engaged in conduct that under civil law constitutes an assault, battery, false imprisonment, false arrest, or malicious prosecution;
• Acted in a manner that is unlawful under state constitution; or
• Engaged in conduct that violated the duty of reasonable care.

In these cases, an injured person may also name the officer’s employer as a defendant. Employers will be found liable if:

• The unlawful conduct causing injury was within the scope of the officer’s employment.
• The officer can prove they “substantially complied” with an employer’s practice, policy, or procedure. The employer would be independently liable for the injury if it was caused by the practice, policy, or procedure condoned or approved by the employer.
• The injury was caused due to the employer’s failure to use reasonable care in hiring, training, retaining, supervising, or disciplining the peace officer.

Under the bill, an injured person would be entitled to actual damages, nominal damages and costs, and reasonable attorney's fees. Additionally, the Attorney General could bring action against the employer or officer if there is a pattern or practice of misconduct.

AWC strongly opposes HB 1202 and is working with city and county officials. AWC has met with the bill sponsor to express our opposition and will testify against the bill.

Dates to remember

HB 1202 is scheduled for public hearing in the House Civil Rights & Judiciary Committee on Tuesday, January 26 at 10 am. The bill is scheduled for executive session in the same committee on Friday, January 29 at 8 am.