Sponsors (15)
The bill increases victims' access to remedies and speeds accountability by limiting qualified immunity, but it also raises liability for officers, potential fiscal burdens on local governments, public-safety concerns from chilled policing, and legal uncertainty about the amendment's reach.
People alleging police misconduct — including racial and ethnic minorities and other victims — will have easier access to civil claims because defendants cannot invoke qualified immunity.
Victims and plaintiffs may obtain accountability and monetary relief faster because defendants cannot delay cases using qualified-immunity arguments, reducing procedural delay and speeding resolution.
Law enforcement officers will face greater exposure to lawsuits and potential liability because they would lose qualified immunity as a defense.
Municipalities and taxpayers may face higher legal costs and larger damages payouts as more claims proceed to settlement or judgment, increasing fiscal pressure on local governments.
Police officers may become more reluctant to act in uncertain, fast-moving situations due to increased liability risk, which could reduce response effectiveness and harm public safety.
Based on analysis of 3 sections of legislative text.
Eliminates qualified-immunity defenses in § 1983 civil suits so officers cannot rely on good-faith or 'not clearly established' law arguments.
Introduced January 13, 2026 by Ayanna Pressley · Last progress January 13, 2026
Eliminates qualified-immunity defenses in civil actions under 42 U.S.C. § 1983 against federal, state, and local law enforcement officers, barring common arguments such as good faith, belief that conduct was lawful, and that the right was not clearly established. It also proposes an unspecified change to the main operative subsection of § 1983; the provided text does not show the actual language or its effect.