A bill to amend the Revised Statues to remove the defense of qualified immunity in the case of any action under section 1979, and for other purposes.
Ending Qualified Immunity Act
This bill eliminates the defense of qualified immunity in civil actions for deprivation of rights. Qualified immunity is a judicially created doctrine that protects government employees or those acting with state authority from being held personally liable for constitutional violations.
The bill provides that under the statute allowing a civil action alleging deprivation of rights under color of law, it shall not be a defense or immunity to any such action that (1) the defendant was acting in good faith or believed that his or her conduct was lawful at the time it was committed; (2) the rights, privileges, or immunities secured by the Constitution or federal laws were not clearly established at the time of their deprivation; or (3) the state of the law was such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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