Ending Qualified Immunity Act
The Ending Qualified Immunity Act would amend 42 U.S.C. 1983 (formerly section 1979) to remove the defense of qualified immunity in civil-rights lawsuits against state and local officials. Under current practice, qualified immunity shields officials from liability unless their conduct violated a clearly established constitutional right. The bill would strike that shield and explicitly prohibit defenses based on good faith, belief that conduct was lawful, lack of clearly established rights at the time, or the law being unclear or unknowable. The aim is to increase accountability for rights violations by government actors acting under color of law. The bill also sets out a legislative finding and statement of purpose that Congress has misinterpreted the existing law and that liability should not be conditioned on good faith or clarity of the right at the time of the violation. It includes a transitional provision indicating the removal of the defense applies to actions pending on or filed after enactment.
Key Points
- 1Removes the qualified-immunity defense for actions brought under 42 U.S.C. 1983 (Section 1979), eliminating the current insulation for officials who violate constitutional rights.
- 2Adds new subsection (b) to Section 1983 stating that it shall not be a defense that the defendant acted in good faith, believed conduct was lawful, the rights were not clearly established, or that the law was uncertain at the time.
- 3Includes a Sense of Congress affirming that the standard in Section 1983 should not depend on the defendant’s good-faith belief or whether the right was clearly established at the time.
- 4Applies to actions pending on or filed after enactment, meaning ongoing cases at enactment and new cases filed after enactment would be subject to the removal of qualified immunity.
- 5Enacts broader accountability for state and local officials in civil rights cases, potentially increasing liability and influencing litigation strategy, settlements, and risk management for public agencies.