Qualified Immunity Act of 2025

Senate Bill

S. 122

119th Congress

Qualified Immunity Act of 2025

In Committee

Introduced:Jan 16, 2025

Primary Sponsor

Jim Banks

R - IN

Cosponsors

10

Quick Stats

Policy Area

Civil Rights and Liberties, Minority Issues

Summary

This bill provides statutory authority for qualified immunity protecting law enforcement officers from civil liability in constitutional violation cases, codifying the judicial doctrine that shields officers unless they violate clearly established rights.

Latest Action

Read twice and referred to the Committee on the Judiciary.

Introduced1/16/2025

StatusRead twice and referred to the Committee on the Judiciary.

ChamberSenate

Data from Congress.gov

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Vote Prediction

Qualified Immunity Act of 2025

This bill provides statutory authority for qualified immunity protecting law enforcement officers from civil liability in constitutional violation cases, codifying the judicial doctrine that shields officers unless they violate clearly established rights.

Community Breakdown

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This bill provides statutory authority for qualified immunity protecting law enforcement officers from civil liability in constitutional violation cases, codifying the judicial doctrine that shields officers unless they violate clearly established rights.

Bill Number: 122
Introduced: 1/16/2025
Status: Read twice and referred to the Committee on the Judiciary.
Policy Area: Civil Rights and Liberties, Minority Issues

Data from Congress.gov

AI-generated summary

Fact Sheet

Title: Qualified Immunity Act of 2025
Bill Number: 122
Sponsor: No sponsor
Status: Read twice and referred to the Committee on the Judiciary.
Introduced: 1/16/2025
Summary: This bill provides statutory authority for qualified immunity protecting law enforcement officers from civil liability in constitutional violation cases, codifying the judicial doctrine that shields officers unless they violate clearly established rights.

Data from Congress.gov

AI Summary

Plain-English explanation of this bill

This bill provides statutory authority for qualified immunity protecting law enforcement officers from civil liability in constitutional violation cases, codifying the judicial doctrine that shields officers unless they violate clearly established rights.

Last updated: 1/5/2026

Official Summary

Congressional Research Service summary

Qualified Immunity Act of 2025This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations.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 Bivens 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.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 any reasonable officer would have known that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional.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.

Key Points

Main provisions of the bill

Provides statutory authority for qualified immunity
Protects law enforcement from civil liability
Codifies judicial qualified immunity doctrine
Shields officers unless rights clearly established
Applies to federal, state, and local officers

How This Impacts Americans

Potential effects on citizens and communities

Law enforcement officers would have statutory protection from civil suits. Plaintiffs alleging constitutional violations would face the codified qualified immunity standard. Police agencies would also be protected when officers have immunity.

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

122, 119th Congress (2025). "Qualified Immunity Act of 2025". Source: Voter's Right Platform. https://votersright.org/bills/118-s-122

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