Sponsors
The bill strengthens victims' ability to obtain remedies and enforces constitutional protections more uniformly—likely improving accountability and training—but does so by substantially increasing liability and costs for state/local governments, insurers, contractors, and taxpayers while creating legal uncertainty and possible defensive policing.
People subjected to unconstitutional policing (including many racial and ethnic minorities) can more reliably obtain monetary relief and hold municipalities, states, and private actors accountable, increasing remedies for victims.
States and victims gain a clearer path to enforce constitutional rights because the bill removes or limits state sovereign immunity for these claims, making enforcement against states more consistent.
Governments and contractors have stronger legal incentives to improve officer hiring, supervision, training, and de‑escalation practices, which could reduce misconduct and improve community safety.
State and local governments (and therefore taxpayers) face substantially higher litigation exposure and potential damages payouts if municipal and state liability is expanded.
Local and state governments may incur higher insurance premiums, contracting costs, or budget pressure to pay judgments and settlements, potentially diverting funds from public services.
Officials, agencies, contractors, and officers could face legal uncertainty (employer liability even where an officer might otherwise be immune), complicating compliance, staffing, and contracting decisions.
Based on analysis of 3 sections of legislative text.
Expands §1983 to make governments, agencies, employers, and contractors directly liable for constitutional or federal statutory violations by law-enforcement personnel and waives sovereign immunity for those claims.
Introduced November 18, 2025 by Hank Johnson · Last progress November 18, 2025
Creates a broad federal remedy by changing 42 U.S.C. § 1983 so that federal, state, territorial and local governments, government agencies, and contractors can be sued directly for constitutional or statutory rights violations committed by people performing law-enforcement duties. It also removes state sovereign immunity for those claims and waives the United States’ sovereign immunity for the same types of claims. Defines “person” to explicitly include the United States, states, territories, localities, agencies, and entities they create, and expands the definition of “law enforcement officer” to cover any officer authorized to search, seize, or arrest; makes employers and contractors liable regardless of employee immunity or whether actions followed employer policy or custom.