Legis Daily

Constitutional Accountability Act

USA117th CongressHR-6327| House 
| Updated: 11/1/2022
David N. Cicilline

David N. Cicilline

Democratic Representative

Rhode Island

Cosponsors (2)
Henry C. "Hank" Johnson (Democratic)Jamie Raskin (Democratic)

Crime and Federal Government Surveillance Subcommittee, Judiciary Committee, Constitution and Limited Government Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Constitutional Accountability Act This bill extends civil liability to federal, state, and local government entities and officials for constitutional violations committed by law enforcement officers. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement) 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). However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability except when their actions violate clearly established rights of which a reasonable person would have known. Additionally, under the doctrine of sovereign immunity, federal and state government entities generally cannot be sued without their consent. Further, the Supreme Court has held that a local government entity cannot be sued for an injury inflicted by its employees. The bill provides a statutory civil cause of action against and extends liability to federal, state, and local government entities and officials for violations of constitutional rights committed by law enforcement officers in their employment, regardless of any immunity that would otherwise apply.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Dec 16, 2021

Latest Companion Bill Action

S 117-3415
Introduced in Senate
Dec 20, 2021
Introduced in House
Dec 20, 2021
Referred to the House Committee on the Judiciary.
Nov 1, 2022
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Nov 1, 2022
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  • December 16, 2021

    Latest Companion Bill Action

    S 117-3415
    Introduced in Senate


  • December 20, 2021
    Introduced in House


  • December 20, 2021
    Referred to the House Committee on the Judiciary.


  • November 1, 2022
    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.


  • November 1, 2022
    Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Civil Rights and Liberties, Minority Issues

Related Bills

  • S 117-3415: Constitutional Accountability Act
Civil actions and liabilityConstitution and constitutional amendmentsGovernment liabilityLaw enforcement administration and fundingLaw enforcement officersState and local government operations

Constitutional Accountability Act

USA117th CongressHR-6327| House 
| Updated: 11/1/2022
Constitutional Accountability Act This bill extends civil liability to federal, state, and local government entities and officials for constitutional violations committed by law enforcement officers. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement) 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). However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability except when their actions violate clearly established rights of which a reasonable person would have known. Additionally, under the doctrine of sovereign immunity, federal and state government entities generally cannot be sued without their consent. Further, the Supreme Court has held that a local government entity cannot be sued for an injury inflicted by its employees. The bill provides a statutory civil cause of action against and extends liability to federal, state, and local government entities and officials for violations of constitutional rights committed by law enforcement officers in their employment, regardless of any immunity that would otherwise apply.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Dec 16, 2021

Latest Companion Bill Action

S 117-3415
Introduced in Senate
Dec 20, 2021
Introduced in House
Dec 20, 2021
Referred to the House Committee on the Judiciary.
Nov 1, 2022
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Nov 1, 2022
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  • December 16, 2021

    Latest Companion Bill Action

    S 117-3415
    Introduced in Senate


  • December 20, 2021
    Introduced in House


  • December 20, 2021
    Referred to the House Committee on the Judiciary.


  • November 1, 2022
    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.


  • November 1, 2022
    Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
David N. Cicilline

David N. Cicilline

Democratic Representative

Rhode Island

Cosponsors (2)
Henry C. "Hank" Johnson (Democratic)Jamie Raskin (Democratic)

Crime and Federal Government Surveillance Subcommittee, Judiciary Committee, Constitution and Limited Government Subcommittee

Civil Rights and Liberties, Minority Issues

Related Bills

  • S 117-3415: Constitutional Accountability Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityConstitution and constitutional amendmentsGovernment liabilityLaw enforcement administration and fundingLaw enforcement officersState and local government operations