This bill, known as the Qualified Immunity Act of 2025 , seeks to amend Section 1979 of the Revised Statutes, codified as 42 U.S.C. 1983, to formally establish the defense of qualified immunity for law enforcement officers. The legislation aims to provide government officials with "breathing room" to make reasonable mistakes, balancing accountability with protection from undue liability when performing their duties. Under the proposed amendment, a law enforcement officer facing an action in their individual capacity would not be found liable if they can demonstrate that the constitutional or federal right was not clearly established at the time of the alleged deprivation. Alternatively, immunity would apply if a court of competent jurisdiction had issued a final, unreversed decision holding that the specific conduct alleged to be unlawful was consistent with the Constitution and federal laws. Furthermore, the bill stipulates that a law enforcement agency or unit of local government employing such an officer would also be shielded from liability if the officer is found not liable under these conditions and was acting within the scope of their employment. The legislation defines "law enforcement officer" broadly to include any federal, state, tribal, or local official with powers of arrest or apprehension, and "law enforcement agency" as any public agency engaged in law enforcement activities. These amendments are set to take effect 180 days after the bill's enactment.
Civil actions and liabilityConstitution and constitutional amendmentsDue process and equal protectionGovernment liabilityLaw enforcement officers
Qualified Immunity Act of 2025
USA119th CongressHR-503| House
| Updated: 1/16/2025
This bill, known as the Qualified Immunity Act of 2025 , seeks to amend Section 1979 of the Revised Statutes, codified as 42 U.S.C. 1983, to formally establish the defense of qualified immunity for law enforcement officers. The legislation aims to provide government officials with "breathing room" to make reasonable mistakes, balancing accountability with protection from undue liability when performing their duties. Under the proposed amendment, a law enforcement officer facing an action in their individual capacity would not be found liable if they can demonstrate that the constitutional or federal right was not clearly established at the time of the alleged deprivation. Alternatively, immunity would apply if a court of competent jurisdiction had issued a final, unreversed decision holding that the specific conduct alleged to be unlawful was consistent with the Constitution and federal laws. Furthermore, the bill stipulates that a law enforcement agency or unit of local government employing such an officer would also be shielded from liability if the officer is found not liable under these conditions and was acting within the scope of their employment. The legislation defines "law enforcement officer" broadly to include any federal, state, tribal, or local official with powers of arrest or apprehension, and "law enforcement agency" as any public agency engaged in law enforcement activities. These amendments are set to take effect 180 days after the bill's enactment.