119 S3625 IS: Qualified Immunity Abolition Act of 2026 U.S. Senate 2026-01-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II119th CONGRESS2d SessionS. 3625IN THE SENATE OF THE UNITED STATESJanuary 13, 2026Mr. Markey introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend the Revised Statutes to remove the defense of qualified immunity in the case of any action under section 1979, and for other purposes.

1.

Short title

This Act may be cited as the Qualified Immunity Abolition Act of 2026.

2.

Removal of qualified immunity

Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended—(1)by inserting (a) before Every person; and(2)by adding at the end the following:(b)It shall not be a defense to any action brought against a Federal, State, or local law enforcement officer that is pending on, or filed after, the date of enactment of this subsection that, at the time of the deprivation—(1)the defendant was acting in good faith;(2)the defendant believed, reasonably or otherwise, that his or her conduct was lawful;(3)the rights, privileges, or immunities secured by the Constitution and laws were not clearly established; or(4)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..

3.

Civil action against Federal law enforcement officers acting under Federal authority

Subsection (a) of section 1979 of the Revised Statutes (42 U.S.C. 1983), as so designated by section 4 of this Act, is amended by inserting and every Federal law enforcement officer who, under color of any statute, ordinance, regulation, custom, or usage of the United States, before subjects.