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MEMPHIS, Tenn. - A bill that would protect Tennessee officers from use-of-force lawsuits in some cases is headed to the desk of Governor Bill Lee.Ìý

Senate Bill 0280, introduced by Tennessee State Senator Ed Jackson, who represents parts of Crockett County and Dyer County in District 25, passed the Senate on Thursday. Its counterpart, HB1020, passed through the Tennessee House on Thursday as well.Ìý

The bill grants civil immunity to officers who use force against suspects who are resisting arrest or people who interfere with an officer in such circumstances.Ìý

A summary of the bill reads, "This bill provides that aÌýlaw enforcement officer who causes property damage to,Ìýor inflicts personal injury upon,Ìýa person during the course of the officer's official duties is immune from civil liability for,Ìýor the payment of monetary damages resulting from, the officer's actions if,Ìýat the time the damage or injury occurred, the person suffering the injury or damage was engaged in conduct that resulted in the person being convicted ofÌýobstruction of justice for intentionally preventing or obstructing the officer from effectingÌýa stop, frisk, halt, arrest, or search of a person by using force against the officer or another."Ìý

The bill does not protect officers from criminal charges in use-of-force cases, and it does provide some exceptions to that civil immunity. That immunity would not apply if the officer's actions were "grossly negligent or constituted willful misconduct" and would not protect an officer against force used against a bystander who was not engaged in conduct that resulted in a conviction of obstruction of justice.Ìý

The House sponsor, Rep. Lowell Russell (R-Loudon County) is a former Tennessee State Trooper.
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"House Bill 1020 establishes civil immunity for a law enforcement officer who causes property damage to or inflicts personal injury upon a person during the course of the officer's duties," Rep. Lowell Russell (R-Loudon County) read during a House committee meeting on the bill.
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Defense attorney Andre Wharton said he recently filed a federal lawsuit on behalf of Jamie Todd, a woman who alleges she was tased and thrown to the ground by Memphis Police officers after they responded to a mental health crisis call.
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Two officers involved were disciplined for excessive force after an internal investigation by MPD. "Hence the lawsuit is about the amount of force, the timing of the force, whether it was even necessary, and then the subsequent seizure in detention," Wharton told FOX13.
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If signed by Governor Lee, this bill will not impact Todd's lawsuit. Wharton said they are seeking $1.5 million.

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