What does Preamble of Ending Qualified Immunity Act do?

This bill proposes to amend the Revised Statutes. The amendment aims to remove the defense of qualified immunity in cases involving actions under section 1979. The bill is intended for 'other purposes' beyond the qualified immunity removal.

What does SHORT TITLE. of Ending Qualified Immunity Act do?

This bill is formally titled the Ending Qualified Immunity Act.

What does FINDINGS. of Ending Qualified Immunity Act do?

This section outlines findings related to Section 1983 of the Revised Statutes, which provides a cause of action for individuals whose federal rights are violated by persons acting under color of law. The findings state that Section 1983, originally enacted as part of the Ku Klux Klan Act of 1871, was intended to enforce the 14th Amendment and protect civil rights, particularly for newly freed slaves. Historically, Section 1983 did not include defenses or immunities for government officials, even when acting in good faith or if the right was not 'clearly established'. The Supreme Court introduced the concept of qualified immunity, initially through a good-faith defense and later through an 'objective reasonableness' standard requiring a 'clearly established' right. The findings assert that qualified immunity has limited plaintiffs' ability to recover damages under Section 1983 and has frustrated Congress's original intent. The text suggests that the current application of qualified immunity has not adequately protected rights secured by the Constitution.

What does SENSE OF CONGRESS. of Ending Qualified Immunity Act do?

This section expresses the sense of Congress regarding the interpretation of section 1979 of the Revised Statutes. Congress believes the current interpretation of section 1979, which provides for qualified immunity, is erroneous. The section calls for Congress to reiterate the standard found directly in the statute. This standard does not limit liability based on a defendant's good-faith belief or whether a right was 'clearly established'.

What does REMOVAL OF QUALIFIED IMMUNITY. of Ending Qualified Immunity Act do?

This section amends Section 1979 of the Revised Statutes (42 U.S.C. 1983). The amendment inserts “(a)” before “Every person” in the existing text. It adds a new subsection (b) stating that certain defenses will no longer be valid in actions pending on or filed after the date of enactment. These defenses include acting in good faith, a reasonable or unreasonable belief that conduct was lawful, the lack of clearly established rights, or an inability to reasonably know if conduct was lawful.

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Ending Qualified Immunity Act

Last updated: 5/23/2025 · Introduced: 5/23/2025

Author: Ayanna Pressley (D-MA)

TL;DR (AI)

This bill removes the qualified immunity defense for government officials in lawsuits brought under Section 1983 of the Revised Statutes, which allows individuals to sue for violations of their federal rights.
The bill prohibits the use of defenses such as acting in good faith or a belief that conduct was lawful, as well as the 'clearly established right' standard, in these lawsuits.
The changes apply to lawsuits pending on or filed after the bill's enactment date.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 3 more.

5 sections

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