The Connecticut state Senate passed
legislation last week that would hold police officers in the state personally
liable for violating a citizen's First Amendment right to videotape their
actions. The bill is sponsored by Sen. Eric Coleman
(D-Bloomfield).
According to The Day, a
Connecticut newspaper, Coleman cited the 1991 Rodney King beating as an
inspiration for the legislation. The proposal was also prompted by a 2009 incident in which "a Catholic priest
was arrested by East Haven police while recording officers harassing Latino
business owners." A federal investigation resulted in charges being filed
against four police officers.
"Sometimes we become aware of
incidents where police officers have been overzealous or abusive and not act in
a very complimentary way towards the citizens who deserve to be served and
protected," Coleman said.
The Connecticut bill, which still
must pass the state's House of Representatives, is part of a trend toward
increased legal protection for citizens filming police officers in the line of
duty. At least one appeals court has recognized that citizens have a First Amendment
right to record the actions of on-duty police officers in public places. But
police officers often enjoy "qualified immunity," meaning that
liability for police misconduct falls on the city (e.g. taxpayers) rather than
on individual officers. Sen. Coleman's proposal would change that, giving
police officers a stronger incentive to respect the constitutional rights of
Connecticut citizens.
The proposal includes several broad
exemptions. Officers are not liable if they have a reasonable belief that their
actions are necessary to enforce the law, protect public safety, preserve the
integrity of a crime scene, or protect the privacy of crime victims or others.
The Senate rejected an amendment
that would have added an exception for arresting someone whose actions
"inconvenience or alarm" a police officer. Critics argued that such a
broad exemption would render the legislation toothless.