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Bivens Act of 2021

12/30/2022, 3:04 AM

Summary of Bill HR 6185

Bill 117 HR 6185, also known as the Bivens Act of 2021, is a piece of legislation introduced in the US Congress. The bill aims to clarify and limit the scope of damages that may be awarded in lawsuits brought against federal officers for constitutional violations.

The Bivens Act of 2021 seeks to address concerns about the potential for excessive damages in cases where federal officers are sued for violating an individual's constitutional rights. The bill would establish a cap on the amount of damages that can be awarded in such cases, limiting them to the actual damages suffered by the plaintiff.

Additionally, the bill would require plaintiffs to exhaust all available administrative remedies before filing a lawsuit against a federal officer. This provision is intended to ensure that individuals have exhausted all other avenues for seeking redress before resorting to litigation. Overall, the Bivens Act of 2021 aims to strike a balance between protecting individuals' constitutional rights and preventing excessive damages in lawsuits against federal officers. The bill is currently under consideration in Congress and may undergo further revisions before being voted on.

Congressional Summary of HR 6185

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).

Current Status of Bill HR 6185

Bill HR 6185 is currently in the status of Bill Introduced since December 8, 2021. Bill HR 6185 was introduced during Congress 117 and was introduced to the House on December 8, 2021.  Bill HR 6185's most recent activity was Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. as of November 1, 2022

Bipartisan Support of Bill HR 6185

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
28
Democrat Cosponsors
28
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 6185

Primary Policy Focus

Civil Rights and Liberties, Minority Issues

Alternate Title(s) of Bill HR 6185

Bivens Act of 2021
Bivens Act of 2021
To provide a civil remedy for an individual whose rights have been violated by a person acting under Federal authority, and for other purposes.

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