S. 1196 · 118th Congress

Ending Qualified Immunity Act

Stage
In committee
Sponsor
Ed Markey
Introduced
2023-04-19
Latest action
2023-04-19 · Introduced in Senate

Summary

Ending Qualified Immunity Act

This bill eliminates the defense of qualified immunity in certain civil actions for deprivation of rights. Qualified immunity is a judicially created doctrine that protects government officials 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 state law, it shall not be a defense to any such action that, at the time of the deprivation, (1) the defendant was acting in good faith or believed that his or her conduct was lawful; (2) the rights, privileges, or immunities secured by the Constitution and laws were not clearly established; 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.