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.