HR7290-119

What This Bill Does

The Qualified Immunity Accountability Act amends 42 U.S.C. 1983 to remove two core immunity defenses in civil rights cases against local law enforcement officers and in actions under any source of law against federal investigative or law-enforcement officers. Defendants could no longer argue that they acted in good faith or reasonably believed their conduct was lawful. They also could not defend on the ground that the right was not clearly established or that the law was unclear enough that they could not reasonably have known their conduct was unlawful. The bill cross-references the George Floyd Justice in Policing Act definition for local law enforcement officers and the Federal Tort Claims Act investigative or law enforcement officer definition for federal officers.

Who Benefits and How

Civil rights plaintiffs benefit because lawsuits against local police officers and federal investigative or law-enforcement officers would no longer fail solely because the right was not clearly established or the officer claimed good faith. Victims of unconstitutional searches, seizures, force, arrests, or other misconduct benefit from a lower barrier to damages litigation. Civil rights attorneys benefit because they can litigate the merits of rights violations instead of first finding factually similar precedent. Federal and local accountability advocates benefit if the change increases deterrence and settlement leverage.

Who Bears the Burden and How

Local law enforcement officers, federal investigative officers, and federal law-enforcement officers face greater damages exposure because two common immunity defenses would be unavailable. Local governments and federal agencies may face higher litigation, indemnification, settlement, and training costs. Federal courts must resolve more claims on the underlying legality of the officer conduct rather than dismissing them under clearly established law. Police departments and federal agencies must adjust training and risk-management practices to account for broader civil liability.

Key Provisions

• Bars good-faith and reasonable-belief immunity defenses for local law enforcement officers in section 1983 actions.
• Bars clearly-established-law immunity defenses for local law enforcement officers in section 1983 actions.
• Applies the same defense limits to federal investigative or law-enforcement officers in actions under any source of law.
• Uses existing statutory definitions for local law enforcement officers and federal investigative or law-enforcement officers.