Texas Senator Proposes Right to Sue Law Enforcement

January 1, 2023 | By Shane Phelps Law
Texas Senator Proposes Right to Sue Law Enforcement

After the Uvalde tragedy, members of the community have been outspoken about their frustrations with the system and with the lack of response from some government officials. One senator, Roland Gutierrez, is proposing a new set of bills that will enable individuals to take action. Keep reading to learn more.

New Legislation

After the horrific shooting in Uvalde at Robb Elementary School in 2021, parents and others sympathetic to them across the United States voiced frustration with the law enforcement response and pushed for changes to the system.

Sen. Roland Gutierrez, is leading a new legislation that would increase gun safety and law enforcement accountability in addition to ending qualified immunity for police officers. Qualified immunity shields government officials from liability for constitutional violations and criminal actions. Essentially, it protects law enforcement officers from being sued in cases involving excessive force.

Sen. Gutierrez believes that ending qualified immunity will help families of Uvalde victims seek damages for the flawed response to the shooting and take action against the law enforcement officers they believe responsible.

In accordance with the bill, Senate Concurrent Resolution 12 will empower the families of Uvalde to sue the state as well. This would mean that state police and others within the state legal system would no longer be immune to civil actions.

There is still a Texas Rangers investigation into the police response to Uvalde. Since the investigation is ongoing, those involved, do not expect results for several months.

Gun Restriction Proposals

In addition to legislation regarding qualified immunity, the set of bills will also include gun reform bills including one that would create extreme risk orders to keep firearms from individuals who pose a threat to themselves and the general public. This bill, if passed, could take into account an individual’s criminal and psychological records to determine their eligibility for firearms.

Another bill suggest raising the age limit for buying or renting firearms in Texas from 18 to 21 and has support from the Uvalde families and state democrats. This law notes the fact that the Uvalde shooter was newly 18 years old when he purchased two AR-15 rifles for the massacre.

Shane Phelps Law believes in the principles of the legal system: a person is innocent until proven guilty and guilt must be proven beyond a reasonable doubt. Because of our dedication to these principles, our attorney works tirelessly to support our clients who are facing criminal charges. We understand how intimidating the criminal justice system may be which is why we offer comprehensive legal and emotion support at every stage of the process.