Constitutional Accountability Act

Constitutional Accountability Act

This bill extends civil liability to federal, state, and local government entities and officials for constitutional violations committed by law enforcement officers.

Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement) 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).

However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability except when their actions violate clearly established rights of which a reasonable person would have known. Additionally, under the doctrine of sovereign immunity, federal and state government entities generally cannot be sued without their consent. Further, the Supreme Court has held that a local government entity cannot be sued for an injury inflicted by its employees.

The bill provides a statutory civil cause of action against and extends liability to federal, state, and local government entities and officials for violations of constitutional rights committed by law enforcement officers in their employment, regardless of any immunity that would otherwise apply.