This bill codifies the judicial doctrine of qualified immunity for law enforcement officers in civil rights lawsuits. Officers receive immunity if the constitutional right was not clearly established or if a court has held the specific conduct constitutional. The bill applies to federal, state, and local officers and extends protection to agencies and governments when their officers have immunity.
Latest Action
Referred to the House Committee on the Judiciary.
AI Summary
Plain-English explanation of this bill
This bill codifies the judicial doctrine of qualified immunity for law enforcement officers in civil rights lawsuits. Officers receive immunity if the constitutional right was not clearly established or if a court has held the specific conduct constitutional. The bill applies to federal, state, and local officers and extends protection to agencies and governments when their officers have immunity.
Last updated: 1/4/2026
Official Summary
Congressional Research Service summary
<p><strong>Qualified Immunity Act of 2025</strong></p><p>This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations.</p><p>Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as <em>Bivens</em> lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known.</p><p>The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear that every reasonable officer would have known that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional.</p><p>The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.</p>
Key Points
Main provisions of the bill
Codifies qualified immunity for law enforcement
Officers immune unless rights clearly established
Immunity if court has approved similar conduct
Applies to federal, state, and local officers
Extends protection to agencies and local governments
How This Impacts Americans
Potential effects on citizens and communities
This legislation responds to calls to eliminate qualified immunity by enshrining it in statute. Currently, qualified immunity exists through court decisions that could theoretically be overturned. Codification makes the doctrine harder to change and explicitly protects agencies from vicarious liability. Civil rights advocates argue this prevents accountability for police misconduct.
Policy Areas
Primary Policy Area
Civil Rights and Liberties, Minority Issues
Related Subjects
Civil actions and liability
Constitution and constitutional amendments
Due process and equal protection
Government liability
Law enforcement officers
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
503, 119th Congress (2025). "Qualified Immunity Act of 2025". Source: Voter's Right Platform. https://votersright.org/bills/118-hr-503
