Friday, December 10, 2021, 11:00AM (virtual meeting)
Agenda:
- Introduction/Roll Call
- Approval of Minutes from 11.12.21 Meeting
- Review of Statutory Charge
- Continued Discussion of Possible Report Recommendations
- Discussion of Draft Report
- Schedule Next Meeting
Commissioners Present:
- Chair Day
- Chair Eldridge
- Leader Peake
- Chairman Straus
- Senator Creem
- Senator Tarr – Represented by Harak Shah
- Representative Xiarhos
- Commissioner Reddy
- Commissioner Ryan
- Commissioner Segal
- Commissioner DeRensis
- Commissioner Sweeney
Commissioners Absent:
- Senator Cyr
- Commissioner Espinoza-Madrigal
Chair Eldridge called the meeting to order and gave introductory remarks.
The Commission began by reviewing the statutory charge for qualified immunity under Section 116(a) of Chapter 253 of the Acts of 2020.
Chair Eldridge invited a motion to approve minutes circulated for the November 12, 2021, meeting. No comments or edits were made. Motion made by Commissioner DeRensis, seconded by Leader Peake, and unanimously approved by members present.
Chair Eldridge opened discussion about possible commission recommendations, including making no further changes to qualified immunity at this time, amending the legal standard for qualified immunity under the Massachusetts Civil Rights Act in several different respects, and abolishing qualified immunity.
The Commission next turned to discussion about creating and circulating the commission report. Discussion about votes and policies in the report were discussed along with the potential for extra meetings.
Chair Eldridge stated that the next meeting will be held on Friday, December 10, 2021 at 11am and will consist of drafting the commission report.
Chair Eldridge gave closing remarks, thanked the committee, and the meeting ended.
Friday, November 12, 2021, 11:00AM (virtual meeting)
Agenda:
- Introduction/Roll Call
- Approval of Minutes from 10.22.21 Meeting
- Review of Statutory Charge
- Continued Discussion of Possible Report Recommendations
- Discussion Regarding Drafting of Report
- Schedule Next Meeting
Commissioners Present:
- Chair Day
- Chair Eldridge
- Commissioner Straus
- Commissioner Cyr
- Commissioner Xiarhos
- Commissioner Reddy
- Commissioner Ryan
- Commissioner Segal
- Commissioner DeRensis
- Commissioner Sweeney
Commissioners Absent:
- Commissioner Peake
- Commissioner Creem
- Commissioner Tarr
- Commissioner Espinoza-Madrigal
Chair Eldridge called the meeting to order and gave introductory remarks.
Chair Eldridge invited a motion to approve minutes circulated for the October 22, 2021, meeting. No comments or edits were made. Motion made by Commissioner DeRensis, seconded by Commissioner Xiarhos, and unanimously approved by members present.
The Commission began by reviewing the statutory charge for qualified immunity under Section 116(a) of Chapter 253 of the Acts of 2020.
Members then engaged in a robust discussion about possible commission recommendations, including preserving qualified immunity as it currently exists in Massachusetts, abolishing qualified immunity altogether, and making certain changes to the qualified immunity doctrine and/or the Massachusetts Civil Rights Act.
The Commission then discussed preliminary drafting of a report for review and discussion at the next meeting. Chair Eldridge advised that the next meeting will be held on Friday, December 10, 2021, at 11am. Chair Eldridge gave closing remarks and the meeting ended.
Friday, October 22, 2021, 11:00AM (virtual meeting)
Agenda:
- Introduction/Roll Call
- Approval of Minutes from 9.24.21 Meeting
- Review of Statutory Charge
- Discussion of Recent SCOTUS Decisions
- Discussion of Possible Report Recommendations
- Schedule Next Meeting
Commissioners Present:
- Chair Day
- Chair Eldridge
- Commissioner Peake
- Commissioner Creem
- Commissioner Xiarhos
- Commissioner Reddy
- Commissioner Cyr
- Commissioner Ryan
- Commissioner Segal
- Commissioner DeRensis
- Commissioner Sweeney
Commissioners Absent:
- Commissioner Straus
- Commissioner Tarr
- Commissioner Espinoza-Madrigal
Chair Day called the meeting to order, gave introductory remarks, and advised members that the commission’s report deadline has been extended to December 31, 2021.
Chair Day invited a motion to approve minutes circulated for the September 24, 2021, meeting. No comments or edits were made. Motion made by Commissioner DeRensis, seconded by Senator Cyr, and unanimously approved by members present.
The Commission began by reviewing the statutory charge for qualified immunity under Section 116(a) of Chapter 253 of the Acts of 2020.
Chair Day opened discussion about recent U.S. Supreme Court and MA Appeals Court cases regarding qualified immunity and reiterated the importance of the commission’s charge.
Chair Day then opened discussion to members about possible commission recommendations, including making no further changes to qualified immunity at this time, amending the legal standard for qualified immunity under the Massachusetts Civil Rights Act in several different respects, and abolishing qualified immunity.
Chair Day advised that the next hearing would take place on November 12, 2021, at 11 am.
Chair Day gave closing remarks and welcomed a motion to adjourn the meeting, which was motioned by Commissioner DeRensis and unanimously approved by present committee members. The meeting ended.
Friday, September 24, 2021, 11:00AM (virtual meeting)
Agenda:
- Introduction/Roll Call
- Approval of Minutes from 9.10.21 Meeting
- Open Discussion Amongst Commissioners
- Review of Statutory Charge
- Discussion of Topics for Future Meetings
- Schedule Next Meeting
Commissioners Present:
- Chair Day
- Chair Eldridge
- Commissioner Peake
- Commissioner Straus
- Commissioner Creem
- Commissioner Xiarhos
- Commissioner Reddy
- Commissioner Cyr
- Commissioner Ryan
- Commissioner Segal
- Commissioner DeRensis
Commissioners Absent:
- Commissioner Espinoza-Madrigal
- Commissioner Sweeney
- Commissioner Tarr
Chair Eldridge called the meeting to order and gave introductory remarks.
Chair Eldridge invited a motion to approve minutes circulated for the September 10, 2021, meeting. No comments or edits were made. Motion made by Chair Day, seconded by Commissioner Xiarhos, and unanimously approved by members present.
The commission began by reviewing its statutory charge in Section 116(a) of Chapter 253 of the Acts of 2020 (commonly referred to as “Police Reform Law”).
The commission then moved on to an open discussion of qualified immunity in the Commonwealth, including the history of the doctrine, changes made under the recent Police Reform Law, legislation passed in other jurisdictions, the impact of qualified immunity to the administration of justice, and recommendations for the future of qualified immunity.
Chair Eldridge advised that the next meeting will take place on October 22, 2021, at 11 am.
Chair Eldridge gave closing remarks and welcomed a motion to adjourn the meeting, which was motioned by Commissioner Peake, seconded by Commissioner Segal, and unanimously approved by all members present. The meeting ended.
Friday, September 10, 2021, 10:00AM (virtual meeting)
- Introduction/Roll Call
- Approval of Minutes from 8.20.21 Meeting
- Discussion with Practitioners
- Review of Statutory Charge
- Discussion of Topics for Future Meetings
- Schedule Next Meeting
Commissioners Present:
- Chair Day
- Chair Eldridge
- Leader Peake
- Senator Creem
- Senator Cyr
- Commissioner Ryan
- Commissioner Segal
- Commissioner DeRensis
- Representative Xiarhos
Commissioners Absent:
- Chairman Straus
- Senator Tarr
- Commissioner Espinoza-Madrigal
- Commissioner Sweeney
Chair Day called the meeting to order and gave introductory remarks. This included an update on the status and process for extending the reporting deadline.
Chair Day invited a motion to approve minutes circulated for the August 20, 2021, meeting. No comments or edits were made. Motion made by Chair Eldridge, seconded, and unanimously approved by members present.
Chair Day began with a quick overview of what the commission has covered thus far.
Chair Day then introduced Leonard Kesten and Luke Ryan, who were invited to share their experience with qualified immunity as practicing attorneys. Attorney Kesten and Attorney Ryan each gave brief remarks and then engaged in an open discussion with the commission.
Chair Day scheduled the next hearing for September 24, 2021, at 11 am, and advised that it will include a debate and discussion amongst members about the topics covered in previous meetings and what the report should look like. Members requested an outline or framework before the next meeting. Chair Day invited members to send staff any topics or questions they would like covered during this discussion.
Chair Day gave closing remarks and moved to adjourn the meeting, which was unanimously approved by all members present. The meeting ended.
Qualified Immunity Commission 