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Committee hears competing views as bill seeks to remove qualified-immunity defense in state suits
Summary
LB 993 would create a Nebraska cause of action for constitutional violations and remove qualified immunity as a defense; proponents said it restores enforceable rights while the Attorney General and county groups warned of sweeping fiscal exposure and loss of key legal defenses.
Mike Lee introduced LB 993, a bill to permit state-court causes of action when an officer acting under color of law deprives a person of constitutional rights, and to bar qualified immunity as a defense. He told the committee the statute would require public employers to indemnify judgments except in cases of bad faith or malicious conduct and would preserve remedies, fees and a statute of limitations.
Proponents, including the Nebraska Association of Trial Attorneys, argued federal doctrines have narrowed remedies and that a state cause of action would restore meaningful legal redress. "Rights only matter if they apply to all of us all the time," a proponent told the committee.
The Attorney General's office and county officials opposed the bill, saying waiver of sovereign or qualified immunity would expose Nebraska taxpayers to substantial liability, create duplicative litigation, and remove the reasonableness gatekeeping function that limits meritless claims. Phoebe Lures (Assistant AG) said the measure "waives sovereign immunity and qualified immunity as defenses" and warned it could broaden liability beyond traditional expectations.
Committee members debated indemnification standards, punitive-damage handling and the broader policy trade-offs; several members requested follow-up conversations between proponents and opposition counsel. The committee concluded the hearing with no immediate vote.
