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Eliminates the qualified immunity defense in civil actions brought under 42 U.S.C. § 1983 by providing that a defendant’s good-faith belief, reasonable belief that conduct was lawful, or the absence of a “clearly established” right is not a defense. The change applies to lawsuits pending at enactment and to suits filed after enactment. The bill also includes congressional findings on the history of § 1983 and a nonbinding statement urging Congress to correct judicial interpretations that created the qualified immunity doctrine.
The bill increases victims' ability to hold officials accountable and clarifies Congress's view of §1983, at the cost of higher litigation exposure and government/taxpayer expenses and potential public‑safety and fairness tradeoffs for officials and courts.
People alleging constitutional or civil‑rights violations — especially racial and ethnic minorities and people with disabilities — would have easier access to remedies because Congress would endorse narrower qualified immunity and broader §1983 liability.
State and federal officials would face greater accountability and deterrence because the bill clarifies historical practice and limits immunities, making it likelier that constitutional violations lead to consequences.
Courts would receive clearer statutory direction from Congress on interpreting §1983, which could reduce doctrinal uncertainty and guide judges toward limiting qualified immunity.
State and local governments — and therefore taxpayers — are likely to face higher legal costs, increased insurance premiums, and larger settlement or judgment payouts because narrowing qualified immunity raises litigation and liability exposure.
Law enforcement officers and the public may experience reduced safety if officials become more hesitant in split‑second or emergency decisions out of fear of personal liability, producing defensive policing or slower responses.
Courts and litigants could face a heavier caseload and longer, more expensive litigation because fewer §1983 claims would be dismissed early on immunity grounds.
Introduced May 23, 2025 by Ayanna Pressley · Last progress May 23, 2025