This bill, known as the Bivens Act of 2025, seeks to provide a clear civil remedy for individuals whose constitutional rights have been violated by persons acting under federal authority. It achieves this by amending Section 1979 of the Revised Statutes (42 U.S.C. 1983) , a key statute that currently allows civil actions against state actors for rights violations. The amendment specifically inserts "of the United States or" into the statute, thereby extending its scope to cover actions taken "under color of" federal law or authority. This legislative change would allow individuals to pursue civil lawsuits against federal officials for constitutional rights deprivations, mirroring the existing provisions for suing state officials. The bill effectively codifies and expands the Bivens remedy, which has been significantly limited by Supreme Court decisions, ensuring a consistent avenue for redress against government overreach at both federal and state levels.
This bill, known as the Bivens Act of 2025, seeks to provide a clear civil remedy for individuals whose constitutional rights have been violated by persons acting under federal authority. It achieves this by amending Section 1979 of the Revised Statutes (42 U.S.C. 1983) , a key statute that currently allows civil actions against state actors for rights violations. The amendment specifically inserts "of the United States or" into the statute, thereby extending its scope to cover actions taken "under color of" federal law or authority. This legislative change would allow individuals to pursue civil lawsuits against federal officials for constitutional rights deprivations, mirroring the existing provisions for suing state officials. The bill effectively codifies and expands the Bivens remedy, which has been significantly limited by Supreme Court decisions, ensuring a consistent avenue for redress against government overreach at both federal and state levels.