Bill Protecting Officers In Some Use-Of-Force Arrests From Civil Lawsuits Moves To Governor's Desk

A new Tennessee bill granting civil immunity to officers in certain use-of-force incidents is headed to Governor Bill Lee's desk. Senate Bill 0280, introduced by Sen. Ed Jackson, and its House counterpart, HB1020, passed both chambers on Thursday. The measure would shield officers from lawsuits when using force against individuals resisting arrest or interfering with police in those situations.

According to the bill's summary, "a law enforcement officer who causes property damage to, or inflicts personal injury upon, a person during the course of the officer's official duties is immune from civil liability…if, at the time…the person…was engaged in conduct that resulted in the person being convicted of obstruction of justice." This includes obstructing stops, frisks, arrests, or searches by using force against an officer or another individual.

The bill does not protect officers from criminal charges, and immunity would not apply in cases of "gross negligence or…willful misconduct." It also does not extend protection to the force used on bystanders not convicted of obstruction.

Rep. Lowell Russell (R-Loudon County), a former Tennessee State Trooper and the bill's House sponsor explained during a committee hearing, "House Bill 1020 establishes civil immunity for a law enforcement officer who causes property damage to or inflicts personal injury upon a person during the course of the officer's duties."

The bill arrives amid ongoing conversations about police accountability. Defense attorney Andre Wharton, who represents Jamie Todd in a federal lawsuit, says the measure won't affect her case. Todd alleges she was tased and slammed to the ground by Memphis Police after officers responded to a mental health call. Two officers were disciplined for excessive force.

"The lawsuit is about the amount of force, the timing of the force, whether it was even necessary, and then the subsequent seizure in detention," Wharton told FOX13. Todd is seeking $1.5 million in damages.

If signed into law, the bill would offer broader protections to officers involved in physical confrontations with individuals who are later convicted of obstruction, raising questions about the balance between public accountability and legal immunity.

Link: Fox 13 Memphis