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Qualified Immunity Act of 2023

USA118th CongressHR-233| House 
| Updated: 1/10/2023
Jim Banks

Jim Banks

Republican Representative

Indiana

Cosponsors (40)
Doug LaMalfa (Republican)Bob Good (Republican)Barry Moore (Republican)David Kustoff (Republican)John R. Carter (Republican)Andy Harris (Republican)Victoria Spartz (Republican)Mike Carey (Republican)Claudia Tenney (Republican)Beth Van Duyne (Republican)Andrew R. Garbarino (Republican)Thomas H. Kean (Republican)Daniel Meuser (Republican)Don Bacon (Republican)Andy Barr (Republican)Christopher H. Smith (Republican)James R. Baird (Republican)Carol D. Miller (Republican)Doug Lamborn (Republican)Mike Kelly (Republican)Richard Hudson (Republican)Kat Cammack (Republican)Brad Finstad (Republican)Glenn Grothman (Republican)Nicholas A. Langworthy (Republican)Dan Bishop (Republican)Austin Scott (Republican)Lauren Boebert (Republican)Larry Bucshon (Republican)Mary E. Miller (Republican)Tony Gonzales (Republican)Debbie Lesko (Republican)Derrick Van Orden (Republican)Bill Posey (Republican)Greg Pence (Republican)Virginia Foxx (Republican)Michael Lawler (Republican)Andrew S. Clyde (Republican)Michael Guest (Republican)Nicole Malliotakis (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Qualified Immunity Act of 2023 This 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 for every reasonable officer to know 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.
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Timeline

Bill from Previous Congress

HR 116-7951
Qualified Immunity Act of 2020

Bill from Previous Congress

HR 117-288
Qualified Immunity Act of 2021
Jan 10, 2023
Introduced in House
Jan 10, 2023
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 116-7951
    Qualified Immunity Act of 2020


  • Bill from Previous Congress

    HR 117-288
    Qualified Immunity Act of 2021


  • January 10, 2023
    Introduced in House


  • January 10, 2023
    Referred to the House Committee on the Judiciary.

Civil Rights and Liberties, Minority Issues

Civil actions and liabilityConstitution and constitutional amendmentsDue process and equal protectionGovernment liabilityLaw enforcement officers

Qualified Immunity Act of 2023

USA118th CongressHR-233| House 
| Updated: 1/10/2023
Qualified Immunity Act of 2023 This 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 for every reasonable officer to know 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.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

HR 116-7951
Qualified Immunity Act of 2020

Bill from Previous Congress

HR 117-288
Qualified Immunity Act of 2021
Jan 10, 2023
Introduced in House
Jan 10, 2023
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 116-7951
    Qualified Immunity Act of 2020


  • Bill from Previous Congress

    HR 117-288
    Qualified Immunity Act of 2021


  • January 10, 2023
    Introduced in House


  • January 10, 2023
    Referred to the House Committee on the Judiciary.
Jim Banks

Jim Banks

Republican Representative

Indiana

Cosponsors (40)
Doug LaMalfa (Republican)Bob Good (Republican)Barry Moore (Republican)David Kustoff (Republican)John R. Carter (Republican)Andy Harris (Republican)Victoria Spartz (Republican)Mike Carey (Republican)Claudia Tenney (Republican)Beth Van Duyne (Republican)Andrew R. Garbarino (Republican)Thomas H. Kean (Republican)Daniel Meuser (Republican)Don Bacon (Republican)Andy Barr (Republican)Christopher H. Smith (Republican)James R. Baird (Republican)Carol D. Miller (Republican)Doug Lamborn (Republican)Mike Kelly (Republican)Richard Hudson (Republican)Kat Cammack (Republican)Brad Finstad (Republican)Glenn Grothman (Republican)Nicholas A. Langworthy (Republican)Dan Bishop (Republican)Austin Scott (Republican)Lauren Boebert (Republican)Larry Bucshon (Republican)Mary E. Miller (Republican)Tony Gonzales (Republican)Debbie Lesko (Republican)Derrick Van Orden (Republican)Bill Posey (Republican)Greg Pence (Republican)Virginia Foxx (Republican)Michael Lawler (Republican)Andrew S. Clyde (Republican)Michael Guest (Republican)Nicole Malliotakis (Republican)

Judiciary Committee

Civil Rights and Liberties, Minority Issues

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityConstitution and constitutional amendmentsDue process and equal protectionGovernment liabilityLaw enforcement officers