Friday, December 10, 2021, 11:00AM (virtual meeting) 

Agenda: 

1. Introduction/Roll Call 
2. Approval of Minutes from 11.12.21 Meeting 
3. Review of Statutory Charge 
4. Continued Discussion of Possible Report Recommendations 
5. Discussion of Draft Report 
6. 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: 

1. Introduction/Roll Call 
2. Approval of Minutes from 10.22.21 Meeting 
3. Review of Statutory Charge 
4. Continued Discussion of Possible Report Recommendations 
5. Discussion Regarding Drafting of Report 
6. 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: 

1. Introduction/Roll Call 
2. Approval of Minutes from 9.24.21 Meeting 
3. Review of Statutory Charge 
4. Discussion of Recent SCOTUS Decisions  
5. Discussion of Possible Report Recommendations 
6. 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: 

1. Introduction/Roll Call 
2. Approval of Minutes from 9.10.21 Meeting 
3. Open Discussion Amongst Commissioners 
4. Review of Statutory Charge 
5. Discussion of Topics for Future Meetings 
6. 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)

1. Introduction/Roll Call
2. Approval of Minutes from 8.20.21 Meeting
3. Discussion with Practitioners
4. Review of Statutory Charge
5. Discussion of Topics for Future Meetings
6. 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.

Friday, August 20, 2021, at 11:00 A.M. (virtual meeting)

Commissioner Present:

• Chairman Eldridge
• Chairman Day
• Commissioner Peake
• Commissioner Straus
• Commissioner Creem
• Commissioner Xiarhos
• Commissioner Ryan
• Commissioner Segal
• Commissioner DeRensis
• Commissioner Espinoza-Madrigal
• Commissioner Sweeney

Commissioners Absent:

• Commissioner Cyr – Liz Ganz attended on behalf
• Commissioner Tarr
• Commissioner Reddy

Chair Eldridge called the meeting to order, and he and Chair Day gave introductory remarks.

Chair Day moved to accept the minutes circulated for the July 16, 2021, meeting. Motion was seconded by Commissioner Xiarhos and unanimously approved by members present. 

Chair Eldridge informed members that he and Chair Day discussed extending the report deadline of the Commission. Chair Eldridge asked for input and Commissioners offered comment.

Motion by Commissioner Peake to extend the report deadline of the Commission from September 30, 2021, to December 31, 2021. Motion was seconded and unanimously approved by members present.

Chair Eldridge began the public testimony portion of the meeting. Commissioners heard from various persons and organizations regarding the qualified immunity doctrine and its impact to the administration of justice in the Commonwealth.

Chair Eldridge noted that the next meeting would take place after Labor Day and would include presentations from Attorney Lenny Keston and Attorney Luke Ryan on their experiences with qualified immunity in the courtroom.

Chair Day and Chair Eldridge gave closing remarks and Chair Eldridge concluded the meeting.

Friday, July 16, 2021, at 11 AM (virtual meeting)

Commissioner Present:

• Chairman Day
• Chairman Eldridge
• Leader Peake
• Chairman Straus
• Senator Cyr
• Senator Creem
• Representative Xiarhos
• Commissioner Reddy
• Commissioner Ryan
• Commissioner Segal
• Commissioner DeRensis
• Commissioner Sweeney

Commissioners Absent:

• Senator Tarr – Hirak Shah attended as a proxy
• Commissioner Espinoza-Madrigal

Chair Day called the meeting to order. Commissioner DeRensis moved to accept minutes circulated for the June 4, 2021, meeting. Motion was seconded by Commissioner Creem and unanimously approved by members present. 

Chair Day led a review and discussion of Chapter 253 of the Acts of 2020 (commonly referred to as “Police Reform Law”), as it relates to the qualified immunity doctrine. Commissioners expressed their differing opinions on the subject.

Chair Day then led a review and discussion of recent changes made to qualified immunity in New Mexico, Colorado, Connecticut, New York City, Iowa, and Arkansas. Chair Day welcomed Justice Richard C. Bosson, retired Justice of the New Mexico Supreme Court and Chair of the Civil Rights Commission, to discuss legislation recently passed in New Mexico.  

The Commission reviewed the statutory charge, noting the reporting deadline of September 30, 2020. The Commission then discussed potential topics for future meetings, including welcoming input from members of the public and hearing from practitioners who have represented plaintiffs and defendants in qualified immunity cases.

Chair Day proposed the Commission next meet on Friday, August 20, 2021, at 11AM. Members agreed.

Chair Day entertained a motion to adjourn the meeting. Chair Eldridge so moved, Commissioner Peake seconded, and it was unanimously approved by members present. Chair Day thanked everyone for their participation and ended the meeting.

Friday, June 4, 2021 at 1:00 PM (virtual meeting)

Chair Eldridge opened the meeting, welcomed members, and made introductory remarks.

Chair Eldridge recognized Chair Day who gave introductory remarks and introduced his staff.

Chair Eldridge directed that a roll call of the Commission be taken.

Commissioners Present

• Chairman James B. Eldridge
• Chairman Michael S. Day
• Commissioner Sarah Peake
• Commissioner William Straus
• Commissioner Julian Cyr
• Commissioner Cynthia Creem
• Commissioner Steven Xiarhos
• Commissioner Matthew Reddy
• Commissioner Christopher Ryan
• Commissioner Matthew R. Segal
• Commissioner Paul DeRensis
• Commissioner Richard J. Sweeney

Commissioners Absent:

• Commissioner Tarr (Hirak Shah appeared on his behalf)
• Commissioner Iván Espinoza-Madrigal, Esq

Professor Erwin Chemerinsky of UC Berkeley provided a presentation on the history of qualified immunity and fielded questions from members.

Professor Karen Blum of Suffolk University gave a presentation on the history of qualified immunity in Massachusetts and fielded questions from members.

Chair Eldridge asked Commissioners to review the minutes from the April 30, 2021 meeting and offer edits or comments. Chair Eldridge entertained a motion to approve the minutes. Commissioner DeRensis moved, Commissioner Peake seconded. Commissioners unanimously approved.

The commission reviewed the statutory charge.

Chair Eldridge then opened the commission up to a discussion on potential topics for future meetings.

Commissioner Creem advised that her office shared some information with the Chair’s office and that she has been working with NCSL on what changes made in other states.  

Commissioner Straus requested a review of changes made to qualified immunity in the police reform law passed by the Legislature last year and a comprehensive summary of what other states have done.

Commissioner Segal offered his resources to help conduct the summary proposed by Commissioner Straus.

Chair Eldridge announced that a date had not yet been set for the next Commission meeting and that members would receive an email.

Commissioner Ryan said it is very important that the Commission hear from Attorney Lenny Keston to get his perspective as someone who has litigated many cases in Massachusetts courts. He encouraged the legislators on the commission to reach out to local civil service and police departments to hear that applications to become police officers are drastically down. He then offered further comment on the police reform law.

Commissioner Peake asked that prior to the next meeting that information be sent out to give the members an opportunity to digest the material. She said that information on what other states are doing would be helpful.

Commissioner Xiarhos said he would like the Commission to hear from Attorney Lenny Keston or someone else who has been in the courtrooms and seen it firsthand, how it works, and doesn’t work.

Commissioner DeRensis suggested items for future meetings, including municipal insurance, liability, and indemnity.

Commissioner Reddy noted as a firefighter he felt the Commission needed to look at everyone involved and not just focus on police.

Chair Day offered closing remarks.

Chair Eldridge thanked everyone for their suggestions and participation, and ended the meeting.