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Ending Qualified Immunity Act

USA119th CongressS-1913| Senate 
| Updated: 5/22/2025
Edward J. Markey

Edward J. Markey

Democratic Senator

Massachusetts

Cosponsors (2)
Elizabeth Warren (Democratic)Bernard Sanders (Independent)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill, known as the "Ending Qualified Immunity Act," aims to eliminate the defense of qualified immunity for government officials in civil rights lawsuits. It addresses Section 1983 of the Revised Statutes, which originated from the 1871 Ku Klux Klan Act to allow individuals to sue state and local officials for violating their federal rights. The bill's findings assert that Section 1983 never originally included a defense based on good faith or whether a right was "clearly established," a doctrine later introduced by Supreme Court decisions. This judicial interpretation, according to Congress, has severely limited plaintiffs' ability to seek redress and has frustrated the original intent of the statute. To rectify this, the legislation amends Section 1979 (42 U.S.C. 1983) by adding a new subsection. This amendment explicitly states that it shall not be a defense in any action that the defendant acted in good faith , believed their conduct was lawful, or that the rights were not clearly established at the time of the violation. By removing these specific defenses, the bill seeks to ensure that government officials can be held liable for constitutional violations, regardless of their subjective intent or the perceived clarity of the law.
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Timeline

Bill from Previous Congress

S 116-4142
Ending Qualified Immunity Act

Bill from Previous Congress

S 117-492
Ending Qualified Immunity Act

Bill from Previous Congress

S 118-1196
Ending Qualified Immunity Act
May 22, 2025
Introduced in Senate
May 22, 2025
Read twice and referred to the Committee on the Judiciary.
May 23, 2025

Latest Companion Bill Action

HR 119-3602
Introduced in House
  • Bill from Previous Congress

    S 116-4142
    Ending Qualified Immunity Act


  • Bill from Previous Congress

    S 117-492
    Ending Qualified Immunity Act


  • Bill from Previous Congress

    S 118-1196
    Ending Qualified Immunity Act


  • May 22, 2025
    Introduced in Senate


  • May 22, 2025
    Read twice and referred to the Committee on the Judiciary.


  • May 23, 2025

    Latest Companion Bill Action

    HR 119-3602
    Introduced in House

Civil Rights and Liberties, Minority Issues

Related Bills

  • HR 119-3602: Ending Qualified Immunity Act

Ending Qualified Immunity Act

USA119th CongressS-1913| Senate 
| Updated: 5/22/2025
This bill, known as the "Ending Qualified Immunity Act," aims to eliminate the defense of qualified immunity for government officials in civil rights lawsuits. It addresses Section 1983 of the Revised Statutes, which originated from the 1871 Ku Klux Klan Act to allow individuals to sue state and local officials for violating their federal rights. The bill's findings assert that Section 1983 never originally included a defense based on good faith or whether a right was "clearly established," a doctrine later introduced by Supreme Court decisions. This judicial interpretation, according to Congress, has severely limited plaintiffs' ability to seek redress and has frustrated the original intent of the statute. To rectify this, the legislation amends Section 1979 (42 U.S.C. 1983) by adding a new subsection. This amendment explicitly states that it shall not be a defense in any action that the defendant acted in good faith , believed their conduct was lawful, or that the rights were not clearly established at the time of the violation. By removing these specific defenses, the bill seeks to ensure that government officials can be held liable for constitutional violations, regardless of their subjective intent or the perceived clarity of the law.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 116-4142
Ending Qualified Immunity Act

Bill from Previous Congress

S 117-492
Ending Qualified Immunity Act

Bill from Previous Congress

S 118-1196
Ending Qualified Immunity Act
May 22, 2025
Introduced in Senate
May 22, 2025
Read twice and referred to the Committee on the Judiciary.
May 23, 2025

Latest Companion Bill Action

HR 119-3602
Introduced in House
  • Bill from Previous Congress

    S 116-4142
    Ending Qualified Immunity Act


  • Bill from Previous Congress

    S 117-492
    Ending Qualified Immunity Act


  • Bill from Previous Congress

    S 118-1196
    Ending Qualified Immunity Act


  • May 22, 2025
    Introduced in Senate


  • May 22, 2025
    Read twice and referred to the Committee on the Judiciary.


  • May 23, 2025

    Latest Companion Bill Action

    HR 119-3602
    Introduced in House
Edward J. Markey

Edward J. Markey

Democratic Senator

Massachusetts

Cosponsors (2)
Elizabeth Warren (Democratic)Bernard Sanders (Independent)

Judiciary Committee

Civil Rights and Liberties, Minority Issues

Related Bills

  • HR 119-3602: Ending Qualified Immunity Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted