Qualified Immunity Act of 2023

Qualified Immunity Act of 2023

This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations.

Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as Bivens lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known.

The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear for every reasonable officer to know that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional.

The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.

Bill 118 hr 233, also known as the Qualified Immunity Act of 2023, is a piece of legislation currently being considered by the US Congress. The bill aims to address the issue of qualified immunity, which is a legal doctrine that protects government officials, including law enforcement officers, from being held personally liable for violating an individual's constitutional rights.

Under the Qualified Immunity Act of 2023, qualified immunity would be significantly limited for law enforcement officers. This means that officers could be held personally liable for violating an individual's constitutional rights, even if they were acting in the course of their official duties. The bill would also make it easier for individuals to sue law enforcement officers for misconduct, by lowering the standard of proof required to establish a violation of their rights.

Proponents of the bill argue that limiting qualified immunity is necessary to hold law enforcement officers accountable for their actions and to ensure that individuals have recourse when their rights are violated. They believe that the current system of qualified immunity has shielded officers from accountability and has contributed to a lack of trust between law enforcement and the communities they serve. Opponents of the bill, however, argue that limiting qualified immunity could make it more difficult for law enforcement officers to perform their duties effectively, as they may be hesitant to take necessary actions for fear of being sued. They also argue that qualified immunity is an important protection for officers who are often required to make split-second decisions in high-pressure situations. Overall, the Qualified Immunity Act of 2023 is a controversial piece of legislation that seeks to address the issue of qualified immunity for law enforcement officers. Its passage would have significant implications for the way in which law enforcement officers are held accountable for their actions and could have far-reaching effects on the relationship between law enforcement and the communities they serve.