This bill eliminates qualified immunity, a legal defense that currently protects government officials from civil lawsuits when they violate people's constitutional rights. Under current law, officials can avoid liability if they claim they acted in good faith or if the violated right wasn't "clearly established" at the time. This bill removes those defenses entirely, making it easier for individuals to sue and recover damages from state and local officials who violate their federal rights under a Civil War-era statute known as Section 1983. According to the bill's sponsors—Senators Markey, Warren, and Sanders—qualified immunity has prevented many victims of rights violations from obtaining justice and has undermined the original intent of the 1871 law that created the civil rights remedy. The legislation applies to all lawsuits pending or filed after the bill is enacted and contains no specific funding or implementation timeline.
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