(a) As used in this section:
(1) “Law enforcement unit” has the same meaning as provided in section 7-294a; and
(2) “Police officer” has the same meaning as provided in section 7-294a.
(b) No police officer, acting alone or in conspiracy with another, shall deprive any person or class of persons of the equal protection of the laws of this state, or of the equal privileges and immunities under the laws of this state, including, without limitation, the protections, privileges and immunities guaranteed under article first of the Constitution of the state.
(c) Any person aggrieved by a violation of subsection (b) of this section may bring a civil action for equitable relief or damages in the Superior Court. A civil action brought for damages shall be triable by jury.
(d) (1) In any civil action brought under this section, governmental immunity shall only be a defense to a claim for damages when, at the time of the conduct complained of, the police officer had an objectively good faith belief that such officer's conduct did not violate the law. There shall be no interlocutory appeal of a trial court's denial of the application of the defense of governmental immunity. Governmental immunity shall not be a defense in a civil action brought solely for equitable relief.
(2) In any civil action brought under this section, the trier of fact may draw an adverse inference from a police officer's deliberate failure, in violation of section 29-6d, to record any event that is relevant to such action.
(e) In an action under this section, each municipality or law enforcement unit shall protect and save harmless any such police officer from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit instituted against such officer by reason of any act undertaken by such officer while acting in the discharge of the officer's duties. In the event such officer has a judgment entered against him or her for a malicious, wanton or wilful act in a court of law, such municipality shall be reimbursed by such officer for expenses it incurred in providing such defense and shall not be held liable to such officer for any financial loss or expense resulting from such act.
(f) In any civil action brought under this section, if the court finds that a violation of subsection (b) of this section was deliberate, wilful or committed with reckless indifference, the plaintiff may be awarded costs and reasonable attorney's fees.
(g) A civil action brought pursuant to this section shall be commenced not later than one year after the date on which the cause of action accrues. Any notice of claim provision set forth in the general statutes, including, but not limited to, the provisions of subsection (d) of section 7-101a and subsection (a) of section 7-465 shall not apply to an action brought under this section.
(July Sp. Sess. P.A. 20-1, S. 41; P.A. 21-33, S. 9.)
History: July Sp. Sess. P.A. 20-1 effective July 1, 2021, and applicable to any cause of action arising from an incident committed on or after July 1, 2021; P.A. 21-33 amended Subsec. (d) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re drawing adverse inference from deliberate failure to record any event relevant to the action, effective July 1, 2021.
Structure Connecticut General Statutes
Chapter 925 - Statutory Rights of Action and Defenses
Section 52-555. - Actions for injuries resulting in death.
Section 52-556. - Actions for injuries caused by motor vehicles owned by the state.
Section 52-557. - Injury to children being transported to school.
Section 52-557a. - Standard of care owed social invitee.
Section 52-557c. - Standard of care applicable to owners and operators of school buses.
Section 52-557d. - Defense of charitable immunity abolished.
Section 52-557f. - Landowner liability for recreational use of land. Definitions.
Section 52-557g. - Liability of owner of land available to public for recreation; exceptions.
Section 52-557h. - Owner liable, when.
Section 52-557i. - Obligation of user of land.
Section 52-557o. - Liability of land surveyors.
Section 52-557s. - Liability of owner or keeper of horse, pony, donkey or mule.
Section 52-558. - Liability for placing obstructions in highway.
Section 52-559. - Damage for spreading fire.
Section 52-560. - Damages for cutting trees, timber or shrubbery. Exclusion.
Section 52-561. - Trespass to lands without color of right.
Section 52-561a. - Damage by domestic fowls.
Section 52-562. - Liability for fraud in contracting debt; concealing property.
Section 52-563. - Liability for waste by tenant for life or years.
Section 52-564. - Treble damages for theft.
Section 52-564a. - Liability for shoplifting.
Section 52-565. - Double damages for forgery.
Section 52-566. - Treble damages for wilful removal or destruction of bridge.
Section 52-567. - Treble damages for injury to milestone, guidepost or railing.
Section 52-568. - Damages for groundless or vexatious suit or defense.
Section 52-569. - Damages for leaving open bars, gate or fence.
Section 52-570. - Action for malicious erection of structure.
Section 52-570a. (Formerly Sec. 52-202). - Action against fiduciary.
Section 52-570b. - Action for computer-related offenses.
Section 52-570d. - Action for illegal recording of private telephonic communications.
Section 52-571a. - Action for deprivation of equal rights and privileges.
Section 52-571c. - Action for damages resulting from intimidation based on bigotry or bias.
Section 52-571e. - Action for damages resulting from actions of agent of surety on a bond.
Section 52-571f. - Strict liability of person who illegally transfers a firearm.
Section 52-571g. - Strict liability of person who fails to securely store a firearm.
Section 52-571h. - Action for damages resulting from identity theft.
Section 52-571i. - Action for damages resulting from trafficking in persons.
Section 52-572. - Parental liability for torts of minors.
Section 52-572a. - Release by injured person voidable if obtained within fifteen days.
Section 52-572b. - Alienation of affections and breach of promise actions abolished.
Section 52-572c. - Parent-child immunity abrogated in certain negligence actions.
Section 52-572e. - Release of joint tortfeasor.
Section 52-572f. - Criminal conversation action abolished.
Section 52-572i. - Application of the family car doctrine.
Section 52-572j. - Derivative actions by shareholders or members.
Section 52-572k. - Hold harmless clause against public policy in certain construction contracts.
Section 52-572m. - Product liability actions. Definitions.
Section 52-572n. - Product liability claims.
Section 52-572o. - Comparative responsibility. Award of damages. Action for contribution.
Section 52-572p. - Limitation of liability of product seller.
Section 52-572q. - Liability of product seller due to lack of adequate warnings or instructions.
Section 52-572r. - Product liability claims against third parties.