[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2847 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2847
To amend the Revised Statutes to remove the defense of qualified
immunity in the case of any action under section 1979, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Pressley (for herself, Mrs. Beatty, Mr. Blumenauer, Ms. Bonamici,
Mr. Bowman, Ms. Bush, Mr. Carson, Mr. Casar, Mr. Cleaver, Ms. Crockett,
Mr. Davis of Illinois, Mr. Espaillat, Mrs. Foushee, Mr. Frost, Mr.
Garcia of Illinois, Mr. Gomez, Mr. Green of Texas, Mr. Ivey, Ms.
Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Ms. Kamlager-Dove,
Mr. Khanna, Ms. Lee of California, Ms. Lee of Pennsylvania, Mr.
McGovern, Mr. Moulton, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr.
Payne, Ms. Pingree, Ms. Schakowsky, Mr. Smith of Washington, Mr.
Takano, Ms. Tlaib, Ms. Tokuda, Ms. Velazquez, Mrs. Watson Coleman, Ms.
Williams of Georgia, and Ms. Wilson of Florida) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Revised Statutes to remove the defense of qualified
immunity in the case of any action under section 1979, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Qualified Immunity Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In 1871, Congress passed the Ku Klux Klan Act to
enforce the Fourteenth Amendment and combat rampant violations
of civil and constitutionally secured rights across the Nation,
particularly those of newly freed slaves and other Black
Americans in the post-Civil War South.
(2) Included in the Act was a provision, now codified at
section 1983 of title 42, United States Code, which provides a
cause of action for persons to file lawsuits against people
acting under color of State law, including State or local
officials, who violate their Federal legal and constitutionally
secured rights.
(3) Under section 1979 of the Revised Statutes (42 U.S.C.
1983) a person may be held liable for acting under color of
State or local law, even if they are not acting in accordance
with State law.
(4) Section 1979 has never included a defense or immunity
for government officials who act in good faith when violating
rights, nor has it ever had a defense or immunity based on
whether the right was ``clearly established'' at the time of
the violation.
(5) From the law's beginning in 1871, through the 1960s,
government actors were not afforded qualified immunity for
violating rights.
(6) In 1967, the Supreme Court in Pierson v. Ray, 386 U.S.
547, suddenly found that government actors had a good faith
defense for making arrests under unconstitutional statutes
based on a common law defense for the tort of false arrest.
(7) The Court later extended this beyond false arrests,
turning it into a general good faith defense for government
officials.
(8) Finally, in Harlow v. Fitzgerald, 457 U.S. 800 (1982),
the Court found the subjective search for good faith in the
government actor unnecessary, and replaced it with an
``objective reasonableness'' standard that requires that the
right be ``clearly established'' at the time of the violation
for the defendant to be liable.
(9) This doctrine of qualified immunity has severely
limited the ability of many plaintiffs to recover damages under
section 1983 when their rights have been violated by State and
local officials. As a result, the intent of Congress in passing
the law has been frustrated, and Americans' rights secured by
the Constitution have not been appropriately protected.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that we must correct the erroneous
interpretation of section 1979 of the Revised Statutes which provides
for qualified immunity, and reiterate the standard found on the face of
the statute, which does not limit liability on the basis of the
defendant's good faith beliefs or on the basis that the right was not
``clearly established'' at the time of the violation.
SEC. 4. REMOVAL OF QUALIFIED IMMUNITY.
Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by
adding at the end the following: ``In any suit pending on, or filed
after, the effective date of the Ending Qualified Immunity Act of 2021,
it shall not be a defense or immunity to any action brought under this
section that the defendant was acting in good faith, or that the
defendant believed, reasonably or otherwise, that his or her conduct
was lawful at the time when it was committed. Nor shall it be a defense
or immunity that the rights, privileges, or immunities secured by the
Constitution or Federal laws were not clearly established at the time
of their deprivation by the defendant, or that the state of the law was
otherwise such that the defendant could not reasonably have been
expected to know whether his or her conduct was lawful.''.
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