Summary

Codifies a qualified-immunity standard into 42 U.S.C. §1983, defines who counts as a "law enforcement officer" and a "law enforcement agency," and creates a two-part test for individual officer immunity. An officer sued in their individual capacity is immune if either (1) the constitutional or federal right was not "clearly established" so a reasonable officer would not have known the conduct was unlawful, or (2) a final, non-reversed court decision has held the specific conduct lawful. If an officer is found immune and acted within the scope of employment, the employing agency or local government cannot be held liable. The amendments take effect 180 days after enactment.

Key Points

• Codifies a qualified-immunity standard directly into 42 U.S.C. §1983.
• Defines "law enforcement officer" and "law enforcement agency" for purposes of §1983 suits.
• Grants individual officers immunity if the right was not clearly established or a final court decision held the conduct lawful.
• Bars agency or local government liability when an officer is found not liable under the new standard and acted within scope of employment.
• Takes effect 180 days after enactment.
• Focuses on civil suits under §1983 for alleged violations of constitutional or federal rights.
• Introduces derivative immunity for employing agencies based on an individual officer’s immunity outcome.
• Emphasizes reliance on prior final judicial rulings as a route to immunity for specific conduct.

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