WeVote
Log In

Bill

Bill

LB 993

Provide a cause of action for deprivation of constitutional rights by a law enforcement officer, eliminate the defense of qualified immunity as prescribed, and change provisions of the Political Subdivisions Tort Claims Act and State Tort Claims Act

109th Legislature (2025-2026) Introduced by Terrell McKinney

LB 993 eliminates qualified immunity for police officers and creates a private right of action for constitutional rights violations, expanding civil liability for Nebraska law enforcement.

Notice of hearing for February 19, 2026
0
WeVote Research Nonpartisan
Bill Summary · LB 993

Legislative bill overview

LB 993 would create a new private right of action allowing individuals to sue law enforcement officers for constitutional rights violations and eliminate qualified immunity—a legal doctrine that currently shields officers from personal liability in civil suits. The bill also modifies Nebraska's tort claims acts governing how political subdivisions and the state handle liability for officer misconduct.

Why is this important

Qualified immunity has made it extremely difficult for citizens to win civil cases against police officers, even in cases of alleged serious misconduct. This bill would fundamentally change the legal landscape for police accountability in Nebraska by making officers personally liable for constitutional violations and allowing more lawsuits to proceed. The changes could significantly impact law enforcement practices, municipal budgets, and access to justice for alleged victims of police misconduct.

Potential points of contention

  • Law enforcement opposition: Police unions and departments typically argue qualified immunity is necessary to protect officers from frivolous lawsuits and allow them to perform duties without excessive legal fear, potentially affecting recruitment and morale.
  • Fiscal impact on municipalities: Eliminating qualified immunity and modifying tort claims acts could expose cities and counties to substantial liability and increased insurance costs, potentially straining local budgets.
  • Definition and scope concerns: Stakeholders will likely debate what constitutes a constitutional rights violation, how the cause of action is defined, and whether adequate safeguards exist to prevent abuse of the new lawsuit mechanism.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.