Bivens Act of 2021

Bivens Act of 2021

This bill provides individuals with a statutory right to sue and recover damages from federal officials for violations of their constitutional rights.

Currently, individuals have a statutory right to bring such suits against state or local officials (e.g., law enforcement), commonly known as Section 1983 suits or Bivens actions. Although the statute does not explicitly authorize such suits against federal officials, the Supreme Court has found this right to be inferred from the Constitution in certain situations (e.g., Fourth Amendment violations committed by federal law enforcement officers).