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.
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.