Qualified Immunity Act of 2025

Bill: 119-s-122
Sponsor: full_name: Sen. Banks, Jim [R-IN]
Introduced: 2025-01-16
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Civil actions and liability

Constitution and constitutional amendments

Due process and equal protection

Government liability

Law enforcement officers
Latest action: action_date: 2025-01-16
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2025-01-16
action_desc: Introduced in Senate
text: <p><strong>Qualified Immunity Act of 2025</strong></p><p>This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations.</p><p>Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as <em>Bivens</em> lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known.</p><p>The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear that any reasonable officer would have&nbsp;known that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional.</p><p>The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.</p>

tv_txt: II 119th CONGRESS 1st Session S. 122 IN THE SENATE OF THE UNITED STATES January 16, 2025 Mr. Banks (for himself, Mr. Budd , Mr. Scott of Florida , Mrs. Blackburn , Mr. Sheehy , Mr. Crapo , Mrs. Hyde-Smith , Mr. Mullin , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Revised Statutes to codify the defense of qualified immunity in the case of any action under section 1979, and for other purposes.

1. Short title This Act may be cited as the Qualified Immunity Act of 2025 . 2. Findings Congress finds the following: (1) Qualified immunity is intended for all but the plainly incompetent or those who knowingly violate the law and is meant to give government officials breathing room to make reasonable mistakes of fact and law. (2) The Supreme Court of the United States has observed that qualified immunity balances 2 important interests: The need to hold law enforcement officers accountable when they exercise power irresponsibly and the need to shield officers from harassment, distraction, and liability when they perform their duties reasonably. 3. Codification of qualified immunity (a) In general Section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) is amended— (1) by striking Every and inserting (a) In general— Every ; and (2) by adding at the end the following: (b) Applicability to law enforcement officers (1) Definitions In this subsection: (A) Law enforcement agency The term law enforcement agency means any Federal, State, Tribal, or local public agency— (i) engaged in supervision, prevention, detection, investigation, or the incarceration of any person for any violation of law; and (ii) that has the statutory powers of arrest or apprehension. (B) Law enforcement officer The term law enforcement officer — (i) means any Federal, State, Tribal, or local official who— (I) is authorized by law to engage in or supervise the prevention, detection, investigation, or the incarceration of any person for any violation of law; and (II) has the statutory powers of arrest or apprehension; and (ii) includes police officers and other agents of a law enforcement agency. (2) No liability (A) Law enforcement officers A law enforcement officer subject to an action under this section in their individual capacity shall not be found liable if such law enforcement officer establishes that— (i) the right, privilege, or immunity secured by the Constitution or Federal law was not clearly established at the time of their deprivation by the law enforcement officer, or that at this time, the state of the law was not sufficiently clear that any reasonable law enforcement officer would have understood that the conduct alleged constituted a violation of the Constitution or Federal law; or (ii) a court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the Constitution and Federal laws. (B) Law enforcement agencies and units of local government A law enforcement agency or unit of local government who employed a law enforcement officer subject to an action under subsection (a), shall not be liable for such action if the law enforcement officer— (i) is found not liable under paragraph (1); and (ii) was acting within the scope of their employment. . (b) Effective date The amendments made under subsection (a) shall take effect on the date that is 180 days after the date of enactment of this Act.