This bill seeks to codify the defense of qualified immunity for law enforcement officers by amending Section 1979 of the Revised Statutes, also known as 42 U.S.C. 1983. It introduces new definitions for "law enforcement agency" and "law enforcement officer," encompassing Federal, State, Tribal, and local officials with arrest or apprehension powers. Under the proposed amendment, a law enforcement officer cannot be found liable in their individual capacity if they establish that the right, privilege, or immunity allegedly violated was not clearly established at the time of the deprivation. Protection also applies if a court had previously issued a final decision affirming that the specific conduct alleged was consistent with the Constitution and Federal laws. These conditions aim to shield officers from liability when the legal landscape is ambiguous or has been previously affirmed. Additionally, the bill extends this non-liability to law enforcement agencies or units of local government that employed an officer, provided the officer is found not liable under these new conditions and was acting within the scope of their employment. The amendments made by this bill are scheduled to take effect 180 days after its enactment.
Civil actions and liabilityConstitution and constitutional amendmentsDue process and equal protectionGovernment liabilityLaw enforcement officers
Qualified Immunity Act of 2025
USA119th CongressS-122| Senate
| Updated: 1/16/2025
This bill seeks to codify the defense of qualified immunity for law enforcement officers by amending Section 1979 of the Revised Statutes, also known as 42 U.S.C. 1983. It introduces new definitions for "law enforcement agency" and "law enforcement officer," encompassing Federal, State, Tribal, and local officials with arrest or apprehension powers. Under the proposed amendment, a law enforcement officer cannot be found liable in their individual capacity if they establish that the right, privilege, or immunity allegedly violated was not clearly established at the time of the deprivation. Protection also applies if a court had previously issued a final decision affirming that the specific conduct alleged was consistent with the Constitution and Federal laws. These conditions aim to shield officers from liability when the legal landscape is ambiguous or has been previously affirmed. Additionally, the bill extends this non-liability to law enforcement agencies or units of local government that employed an officer, provided the officer is found not liable under these new conditions and was acting within the scope of their employment. The amendments made by this bill are scheduled to take effect 180 days after its enactment.