HB 4095
To remove qualified immunity from officers serving no-knock warrants
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to remove qualified immunity for West Virginia law enforcement officers who serve no-knock warrants and are found to have used excessive force or acted negligently, leading to injury, death, or psychological trauma. If a court determines an officer engaged in such conduct, the officer may be held liable individually and the agency responsible for their training may also be held liable. The bill also requires a review of the officer’s training and agency procedures in cases of alleged misconduct.
Key provisions
- Removes qualified immunity for officers using excessive force during no-knock warrants.
- Allows lawsuits against officers found negligent in no-knock warrant executions.
- Requires court review of officer actions in cases of alleged misconduct.
- Mandates review of law enforcement agency training and procedures.
- Holds agencies liable for inadequate training contributing to officer misconduct.
- Establishes a pathway for individuals harmed by no-knock warrant actions to pursue legal action.
Who is affected
- Law enforcement officers
- Residents subject to no-knock warrants
- Law enforcement agencies
- West Virginia State Courts
- Legal professionals
Notable changes
- Expands potential legal liability for officers involved in no-knock warrant executions.
- Introduces a mechanism for reviewing and potentially holding agencies accountable for inadequate training.
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours