Bill
S 1085
Establishes a private civil action for sexual assault by a police officer in control, eases proof, allows injunctions and damages, plus attorneys’ fees and costs.
Status and sponsors (from provided materials)
- Filed (Senate Docket No. 1613 / S.1085) on 01/16/2025.
- Presented by Senator James B. Eldridge (Middlesex & Worcester).
- Referred to the Judiciary.
- Hearing scheduled: 06/17/2025, 1:00 PM–5:00 PM (room A-2).
- Note: some attached documents in the packet appear to be unrelated to this Massachusetts bill (see “Document inconsistencies” below).
Purpose
- To create a private civil cause of action for people subjected to sexual assault by a law enforcement officer while under the officer’s "control," and to make available injunctive and equitable relief and compensatory damages. The provision is intended to lower legal barriers for victims seeking civil remedies against law enforcement officers who commit sexual assault.
Key provisions
- Adds a new paragraph to Section 11I of Chapter 12 of the Massachusetts General Laws.
- Authorizes any person whose exercise or enjoyment of rights was interfered with (or attempted to be interfered with) by conduct of a law enforcement officer in violation of sections 13H½ or 22 of Chapter 265 to bring a civil action in their own name.
- Permits injunctive and other equitable relief as provided under Section 11H, and allows for compensatory money damages.
- Lowers procedural burdens for plaintiffs: to prevail the plaintiff does NOT need to show (1) that the defendant engaged in threats, intimidation, or coercion, or (2) that the defendant’s violation was contrary to clearly established statutory or constitutional rights of which a reasonable person would have known. (This language reduces reliance on doctrines like “clearly established” requirements.)
- Defines “control” broadly to include (but not be limited to):
- Supervision of a person under 18 in a law enforcement training program;
- Interaction with a person being questioned, investigated, or detained;
- Communicating the power to charge or arrest (explicitly or implicitly), regardless of whether the power could lawfully be exercised;
- Otherwise exercising or attempting to exercise influence while acting under color of law.
- Entitles prevailing plaintiffs to recover costs of litigation and reasonable attorneys’ fees, as fixed by the court.
Who would be affected
- Primary: survivors of sexual assault committed by law enforcement officers while under the officer’s control.
- Secondary: individual officers (civil liability), law enforcement agencies, municipal governments (potential vicarious liability or indemnification issues), insurers, and Massachusetts state courts (likely increased civil caseload in relevant areas).
- Also implicates law enforcement training, policy, and oversight authorities.
Procedural / timeline notes
- Introduced and docketed in January 2025; currently in the Judiciary Committee with a public hearing set for 06/17/2025. Further committee action (reporting out, amendments, floor votes) would occur after that hearing if the bill advances.
Potential impacts (practical effects)
- Expands civil access for victims of officer-perpetrated sexual assault by creating a standalone civil remedy and easing proof requirements that often shield officers from liability.
- Could increase civil litigation against officers and agencies, with attendant costs (damages, settlements, attorneys’ fees) and potential changes to agency policies, training, supervision, and hiring practices.
- May prompt discussion about municipal indemnification/insurance and legislative or administrative reforms to training, discipline, and oversight of law enforcement.
Document inconsistencies (important)
- The packet provided to the analyst included unrelated materials (an Idaho bill and an Idaho fiscal note concerning Off-Highway Vehicle sticker fees) and a separate list of legislative actions and sponsors that appear inconsistent with the Massachusetts text. This summary is based on the Massachusetts bill text (Senate Docket No. 1613 / S.1085) titled “An Act relative to civil remedies for sexual assault by an officer.” If you want a summary of the other documents (Idaho OHV fee bill or federal/state actions/sponsors), please indicate which one.
Compiled from official sources — confirm details with the bill’s official record.
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