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A bill to amend the Revised Statutes to codify the defense of qualified immunity in the case of any action under section 1979, and for other purposes.
1/18/2025, 11:56 AM
Summary of Bill S 122
The bill also includes provisions for other purposes, which may include further defining the parameters of qualified immunity and outlining specific circumstances in which it can be invoked. This legislation is significant as it addresses a contentious issue in the legal system and seeks to provide a framework for how qualified immunity should be applied in cases involving government officials.
Overall, Bill 119 s 122 is a comprehensive piece of legislation that aims to codify the defense of qualified immunity and provide guidance on its application in legal proceedings. It is important for lawmakers and legal professionals to carefully consider the implications of this bill and how it may impact the rights of individuals seeking justice in cases involving government officials.
Congressional Summary of S 122
Qualified Immunity Act of 2025
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 that any reasonable officer would have known 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.
