S 122 — Qualified Immunity Act of 2025

Summary

Qualified Immunity Act of 2025This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations.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 Bivens 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.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 known that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional.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.

Bill Text

• Introduced Introduced in Senate Current html January 16, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill codifies a defense of qualified immunity specifically for law enforcement officers in actions under 42 U.S.C. § 1983.

• 42 U.S.C. 1983

  Every → (a) In General-- Every

  This addition indicates that the section will contain subsections, beginning with general provisions.

• 42 U.S.C. 1983

  (b) Applicability to Law Enforcement Officers.--

  This new subsection establishes specific provisions for law enforcement officers under this law.

• 42 U.S.C. 1983

  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--

  This sets a standard for qualified immunity protection for law enforcement officers.

• 42 U.S.C. 1983

  (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

  This clause establishes criteria under which law enforcement officers can claim qualified immunity based on the clarity of established law.

• 42 U.S.C. 1983

  (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.

  This provides an additional basis for law enforcement officers to avoid liability if prior court rulings support their actions.

• 42 U.S.C. 1983

  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--

  This specifies that agencies are also protected from liability if their officers are not found liable.

• 42 U.S.C. 1983

  (i) is found not liable under paragraph (1); and

  This provision adds a condition for agency liability based on the officer's liability status.

• 42 U.S.C. 1983

  (ii) was acting within the scope of their employment.

  This condition further clarifies the circumstances under which agencies will not be held liable.

Action History

1. January 16, 2025

   Introduced in Senate

2. January 16, 2025

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Jim Banks · Primary
• Ted Budd · Cosponsor
• Rick Scott · Cosponsor
• Marsha Blackburn · Cosponsor
• Tim Sheehy · Cosponsor
• Mike Crapo · Cosponsor
• Cindy Hyde-Smith · Cosponsor
• Markwayne Mullin · Cosponsor
• James E. Risch · Cosponsor
• Bill Cassidy · Cosponsor
• Bernie Moreno · Cosponsor

Subjects