West Virginia HB4095 removes qualified immunity for officers serving no-knock warrants if they use excessive force or are negligent.
West Virginia HB4095 amends the state code to remove qualified immunity for officers serving no-knock warrants if they use excessive force or are found negligent. The bill mandates a court review of the officer's actions and training if a suit is brought. If the court finds the officer's actions to be clearly excessive force, reckless, or negligent, the officer is not eligible for qualified immunity. The court may also investigate the training provided by the law enforcement agency, department, or office.
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- Legal Framework
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