cleared a Senate committee<\/a> earlier this year, passed in a 30-10 vote along party lines.<\/p>\nOther states, including New York and Connecticut, are weighing similar legislation after widespread anger over actions during the Trump administration\u2019s immigration crackdown. <\/p>\n
Existing laws already allow lawsuits against state and local law enforcement officials. But it is much harder to bring claims against federal officers. Wiener said his bill would rectify those impediments. <\/p>\n
Several state law enforcement agencies oppose the legislation, arguing it will also be used to sue local officers. <\/p>\n
Tuesday\u2019s vote follows the killing of 37-year-old Alex Pretti in Minneapolis on Saturday by federal officials, who tackled him to the ground, appeared to remove his holstered handgun and then shot Pretti several times in the back. During the debate on the state Senate floor Tuesday, several Democratic lawmakers called Pretti\u2019s death an execution or murder. <\/p>\n
Renee Good, a 37-year-old mother of three, was also shot and killed by an agent earlier this month in Minnesota in what federal officials have asserted was an act of self-defense when she allegedly drove her vehicle toward an officer \u2014 an assertion under dispute.<\/p>\n
The deaths, as well as the government\u2019s insistence that immigration agents don\u2019t require judicial warrants to enter homes, have outraged Democratic leaders, who accuse federal officers of flouting laws as they seek to deport thousands of undocumented immigrants.<\/p>\n
Wiener, speaking to reporters before Tuesday\u2019s vote, said that his legislation would reform the law to ensure that federal officials are held accountable for wrongdoing. <\/p>\n
\u201cUnder current law, if a local or state officer shoots your mom … or publicly executes an ICU nurse, you can sue,\u201d Wiener said. \u201cThat\u2019s long-standing civil rights law, but in the current law, it\u2019s almost impossible to file that same lawsuit against the federal agent who does the exact same thing.\u201d<\/p>\n
During Tuesday\u2019s debate on the Senate floor, Sen. Tony Strickland (R-Huntington Beach) acknowledged the \u201cchaos\u201d in Minnesota but criticized the bill as being about immigration politics. He urged his colleagues to focus on the state\u2019s affordability crisis rather than challenges to the federal government.<\/p>\n
\u201cWe need to start focusing on California-specific issues like gas, gas prices,\u201d Strickland said.<\/p>\n
Strickland\u2019s comments drew a rebuke from Sen. Susan Rubio (D-West Covina), who said the bill wasn\u2019t about immigration but \u201cabout the egregious violation of people\u2019s rights and the murders that we are witnessing.\u201d<\/p>\n
\u201cThis is about equal justice under the law,\u201d said Rubio, a onetime undocumented immigrant. <\/p>\n
Wiener\u2019s bill now heads to the state Assembly. The senator, who is running to fill the seat of outgoing Rep. Nancy Pelosi, told reporters that he didn\u2019t know if Gov. Gavin Newsom supported his legislation or if he would sign it into law if it passed the full Legislature. <\/p>\n
Wiener\u2019s proposed law was put forth after George Retes Jr., a California security guard, was detained after a July raid in Camarillo. Retes, a U.S. citizen and Army veteran, said he was held for three days without the ability to make a phone call or see an attorney.<\/p>\n
Retes has accused Department of Homeland Security spokesperson Tricia McLaughlin of spreading false information about him to justify his detention. The Homeland Security department said in a statement last year that Retes impeded its operation, which he denies.<\/p>\n
Under U.S. Code Section 1983, a person can sue state and local officials who violate their constitutional rights. A state law also allows lawsuits against state and local officials for interfering with a person\u2019s constitutional rights by force or threat.<\/p>\n
When it comes to filing legal action against federal officials, lawsuits can be brought through the Bivens doctrine, which refers to the 1971 Supreme Court ruling in Bivens vs. Six Unknown Federal Agents that established that federal officials can be sued for monetary damages for constitutional violations.<\/p>\n
But in recent decades, the Supreme Court has repeatedly restricted the ability to sue under Bivens.<\/a> Some Supreme Court justices have also argued that it\u2019s up to Congress to pass a statute that would allow federal officers to be sued when they violate the Constitution.<\/p>\nThose opposed to Wiener\u2019s law include the Peace Officers Research Assn. of California, which represents more than 85,000 public safety members. <\/p>\n
The group, known as PORAC, argues it would result in more lawsuits against local and state officials by creating multiple paths for litigation and has proposed amendments to address that concern.<\/p>\n
\u201cPORAC supports closing genuine gaps in constitutional accountability,\u201d said Brian R. Marvel, the group\u2019s president. \u201cBut we must do so in a way that treats all public employees fairly, avoids redundant and burdensome litigation, and fully complies with federal law. The proposed amendments achieve that balance.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"SACRAMENTO\u00a0\u2014\u00a0Amid a national uproar over the recent killing of a Minnesota man by immigration agents, the California Senate…\n","protected":false},"author":3,"featured_media":550148,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5123],"tags":[17281,241569,1582,276,84574,6285,119391,1806,2961,3228,379,21190,2934,224,5337,48854,290,5618,93380],"class_list":{"0":"post-550147","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-los-angeles","8":"tag-bill","9":"tag-bivens-doctrine","10":"tag-ca","11":"tag-california","12":"tag-constitutional-right","13":"tag-federal-agent","14":"tag-federal-officer","15":"tag-federal-official","16":"tag-la","17":"tag-law","18":"tag-lawsuit","19":"tag-legal-action","20":"tag-legislation","21":"tag-los-angeles","22":"tag-losangeles","23":"tag-retes","24":"tag-state","25":"tag-tuesday","26":"tag-wiener"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/115975100205653523","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/550147","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=550147"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/550147\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/550148"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=550147"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=550147"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=550147"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}