Qualified Immunity Act of 2025
The Qualified Immunity Act of 2025 would codify the defense of qualified immunity for law enforcement officers in civil rights lawsuits brought under 42 U.S.C. 1983 (section 1979). The bill adds a new subsection to section 1979 that defines who is a law enforcement officer and a law enforcement agency and sets explicit conditions under which an officer (in their individual capacity) cannot be found liable. Specifically, an officer would not be liable if they show that the right or constitutional principle at issue was not clearly established at the time of the conduct, or that a court had already ruled on the merits that the conduct was lawful. The bill also provides that if the officer is not liable, the employing agency/unit of local government is not liable if the officer was acting within the scope of employment. The amendments take effect 180 days after enactment.
Key Points
- 1Codifies qualified immunity into statute (42 U.S.C. 1983) by adding a new subsection that provides an explicit defense for officers in certain civil-rights actions.
- 2Defines “law enforcement agency” and “law enforcement officer” to cover federal, state, tribal, and local bodies and personnel with arrest or apprehension powers.
- 3Sets conditions for immunity: (a) the constitutional right in question was not clearly established at the time, or the law was not sufficiently clear for a reasonable officer to know it violated rights; or (b) a court had issued a final merits decision that the conduct was lawful.
- 4Extends the immunity to agencies/local governments: if the officer is not liable, the agency employing the officer is not liable if the officer acted within the scope of employment.
- 5Effective date: the new provisions become law 180 days after enactment.