TRENTON, N.J. – The “Fuck ICE” bill is back, Save Jerseyans, but without the profane title.
The legislation, A5120, re-introduced by Assemblywoman Katie Brennan on Monday after she previously pulled it, would overhaul the state’s Civil Rights Act by broadening liability standards, weakening immunity protections, and encouraging larger punitive damage awards in civil rights lawsuits. The controversial bill would also dramatically expand the ability to sue police officers and other government officials for alleged constitutional violations while stripping away longstanding legal protections critics say are essential for law enforcement and public employees to do their jobs.
Among the bill’s most sweeping provisions is the elimination of qualified immunity and other statutory immunities for claims brought under the New Jersey Civil Rights Act. Qualified immunity has long served as a legal shield protecting government officials from personal liability unless they violate clearly established constitutional rights. Opponents of efforts to abolish the doctrine argue that without it, police officers and other public employees could face a flood of costly lawsuits for split-second decisions made in difficult circumstances.
The bill also expands the types of claims that can be brought under state civil rights law, allowing lawsuits over alleged violations of any rights secured under the federal or state constitutions rather than limiting claims primarily to equal protection and substantive due process violations.
Brennan received national scrutiny for the originally-titled “Fight Unlawful Conduct and Keep Individuals and Communities Empowered Act” and an ethics complaint from a GOP member of the Assembly.
Critics are also likely to focus on language directing courts and juries to consider a list of aggravating factors when awarding punitive damages present in the current draft. Those factors include whether a defendant wore a facial covering, failed to verbally identify themselves as law enforcement, failed to use a body camera, used a vehicle with an obscured license plate, or deployed crowd-control equipment.
The proposal’s broad definition of “crowd control equipment” includes less-lethal ammunition, chemical irritants, electronic control weapons, and distraction devices commonly used during protests and riots. Critics could argue the language appears designed to target police tactics used during civil unrest and may expose officers and municipalities to massive financial liability.
The legislation further mandates that prevailing plaintiffs receive attorney’s fees and costs, creating additional incentives for litigation against public entities and employees.
In its findings section, the bill asserts that federal civil rights law fails to provide adequate remedies for constitutional violations and argues New Jersey should adopt broader standards independent of federal precedent.
If enacted, the measure would take effect immediately and apply retroactively to Jan. 1, 2025, a provision that could trigger legal challenges of its own.
