S122-119

1. Short title This Act may be cited as the Qualified Immunity Act of 2025.

2. Findings Congress finds the following: Qualified immunity is intended for all but the plainly incompetent or those who knowingly violate the law and is meant to give government officials breathing room to make reasonable mistakes of fact and law. The Supreme Court of the United States has observed that qualified immunity balances 2 important interests: The need to hold law enforcement officers accountable when they exercise power irresponsibly and the need to shield officers from harassment, distraction, and liability when they perform their duties reasonably.

3. Codification of qualified immunity Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended— by striking Every and inserting (a) In general—Every; and by adding at the end the following: In this subsection: The term law enforcement agency means any Federal, State, Tribal, or local public agency— engaged in supervision, prevention, detection, investigation, or the incarceration of any person for any violation of law; and that has the statutory powers of arrest or apprehension. The term law enforcement officer— means any Federal, State, Tribal, or local official who— is authorized by law to engage in or supervise the prevention, detection, investigation, or the incarceration of any person for any violation of law; and has the statutory powers of arrest or apprehension; and includes police officers and other agents of a law enforcement agency. A law enforcement officer subject to an action under this section in their individual capacity shall not be found liable if such law enforcement officer establishes that— the right, privilege, or immunity secured by the Constitution or Federal law was not clearly established at the time of their deprivation by the law enforcement officer, or that at this time, the state of the law was not sufficiently clear that any reasonable law enforcement officer would have understood that the conduct alleged constituted a violation of the Constitution or Federal law; or a court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the Constitution and Federal laws. A law enforcement agency or unit of local government who employed a law enforcement officer subject to an action under subsection (a), shall not be liable for such action if the law enforcement officer— is found not liable under paragraph (1); and was acting within the scope of their employment. The amendments made under subsection (a) shall take effect on the date that is 180 days after the date of enactment of this Act. (b)Applicability to law enforcement officers(1)DefinitionsIn this subsection:(A)Law enforcement agencyThe term law enforcement agency means any Federal, State, Tribal, or local public agency—(i)engaged in supervision, prevention, detection, investigation, or the incarceration of any person for any violation of law; and(ii)that has the statutory powers of arrest or apprehension. (B)Law enforcement officerThe term law enforcement officer—(i)means any Federal, State, Tribal, or local official who—(I)is authorized by law to engage in or supervise the prevention, detection, investigation, or the incarceration of any person for any violation of law; and(II)has the statutory powers of arrest or apprehension; and(ii)includes police officers and other agents of a law enforcement agency.(2)No liability(A)Law enforcement officersA law enforcement officer subject to an action under this section in their individual capacity shall not be found liable if such law enforcement officer establishes that—(i)the right, privilege, or immunity secured by the Constitution or Federal law was not clearly established at the time of their deprivation by the law enforcement officer, or that at this time, the state of the law was not sufficiently clear that any reasonable law enforcement officer would have understood that the conduct alleged constituted a violation of the Constitution or Federal law; or (ii)a court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the Constitution and Federal laws.(B)Law enforcement agencies and units of local governmentA law enforcement agency or unit of local government who employed a law enforcement officer subject to an action under subsection (a), shall not be liable for such action if the law enforcement officer—(i)is found not liable under paragraph (1); and(ii)was acting within the scope of their employment..