This bill, known as the Qualified Immunity Abolition Act of 2026 , significantly amends Section 1979 of the Revised Statutes, codified as 42 U.S.C. 1983, to remove the defense of qualified immunity for law enforcement officers. It stipulates that in civil actions against federal, state, or local law enforcement officers, certain common defenses will no longer be valid. Specifically, officers will be unable to claim they acted in good faith , believed their conduct was lawful, or that the rights violated were not clearly established at the time of the incident. These changes apply to all cases pending on or filed after the bill's enactment, making it easier to hold officers accountable for constitutional violations. Furthermore, the bill explicitly expands the scope of 42 U.S.C. 1983 to include civil actions against federal law enforcement officers acting under federal authority, ensuring they are subject to the same accountability standards as state and local officers.
This bill, known as the Qualified Immunity Abolition Act of 2026 , significantly amends Section 1979 of the Revised Statutes, codified as 42 U.S.C. 1983, to remove the defense of qualified immunity for law enforcement officers. It stipulates that in civil actions against federal, state, or local law enforcement officers, certain common defenses will no longer be valid. Specifically, officers will be unable to claim they acted in good faith , believed their conduct was lawful, or that the rights violated were not clearly established at the time of the incident. These changes apply to all cases pending on or filed after the bill's enactment, making it easier to hold officers accountable for constitutional violations. Furthermore, the bill explicitly expands the scope of 42 U.S.C. 1983 to include civil actions against federal law enforcement officers acting under federal authority, ensuring they are subject to the same accountability standards as state and local officers.