Les Knapp, MACo Legal and Policy Counsel, testified to the House Judiciary Committee in opposition to HB 728, Governmental Tort Claims-Excessive Force or Misuse of Force by Law Enforcement Officer on March 12, 2015. This bill increases the civil liability cap under the current Local Government Tort Claims Act for claims based on excessive or misuse of force by a law enforcement officer. These increases would be from $200,000 to $1 million for an individual claim and from $500,000 to $1.5 million for multiple claims under on event.
The written testimony explains that:
… the bill would undermine the delicate equilibrium established by the Local Government Tort Claims Act (LGTCA) that allows local governments to manage risk and liability costs and create a precedent that would encourage other exceptions to the LGTCA caps.
For more on MACo 2015 legislation, visit the Legislative Database.