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Constitutional Accountability Act

USA117th CongressS-3415| Senate 
| Updated: 12/16/2021
Sheldon Whitehouse

Sheldon Whitehouse

Democratic Senator

Rhode Island

Judiciary Committee

  • 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.
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Timeline
Dec 16, 2021
Introduced in Senate
Dec 16, 2021
Read twice and referred to the Committee on the Judiciary.
Nov 1, 2022

Latest Companion Bill Action

HR 117-6327
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  • December 16, 2021
    Introduced in Senate


  • December 16, 2021
    Read twice and referred to the Committee on the Judiciary.


  • November 1, 2022

    Latest Companion Bill Action

    HR 117-6327
    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Civil Rights and Liberties, Minority Issues

Related Bills

  • HR 117-6327: 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 CongressS-3415| Senate 
| Updated: 12/16/2021
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
Introduced in Senate
Dec 16, 2021
Read twice and referred to the Committee on the Judiciary.
Nov 1, 2022

Latest Companion Bill Action

HR 117-6327
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  • December 16, 2021
    Introduced in Senate


  • December 16, 2021
    Read twice and referred to the Committee on the Judiciary.


  • November 1, 2022

    Latest Companion Bill Action

    HR 117-6327
    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Sheldon Whitehouse

Sheldon Whitehouse

Democratic Senator

Rhode Island

Judiciary Committee

Civil Rights and Liberties, Minority Issues

Related Bills

  • HR 117-6327: 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