H.R. 3602 would eliminate qualified immunity for government officials sued under federal civil rights law. Specifically, the bill amends Section 1983 of the Revised Statutes—a post-Civil War law originally designed to protect freed slaves and enforce constitutional rights—to prevent officials from using the defense that they acted in good faith or that the legal right being violated was not "clearly established" at the time. The legislation would apply to all lawsuits filed after the bill's enactment and to pending cases. According to Congress's findings in the bill, qualified immunity was never part of the original 1983 statute but was created by court decisions beginning in the 1960s, which the bill argues has blocked many victims from recovering damages when their constitutional rights are violated by state and local officials. The bill contains no new funding or implementation timeline beyond its immediate application upon passage.
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