Us Congress 2023-2024 Regular Session

Us Congress House Bill HB2847

Introduced
4/25/23  

Caption

Ending Qualified Immunity Act

Impact

The proposed legislation would fundamentally alter the landscape regarding accountability for law enforcement actions in the state. By abolishing qualified immunity, individuals would gain the right to pursue legal claims against officers who violate constitutional rights. This could potentially lead to an increase in lawsuits against police, prompting law enforcement agencies to reassess their policies and training practices to mitigate liability. Supporters of the bill believe that this change could deter excessive force and misconduct, ultimately fostering better relations between police and communities.

Summary

House Bill 2847, known as the Ending Qualified Immunity Act, aims to eliminate the legal doctrine of qualified immunity, which currently protects government officials, including law enforcement officers, from being held civilly liable for actions taken while performing their official duties. The bill seeks to enhance accountability and allow citizens to sue these officials for misconduct, positioning it as a move towards greater civil rights protections. Advocates argue that this change could lead to better law enforcement practices and increase public trust in policing.

Conclusion

Overall, HB 2847 is positioned as a significant piece of legislation with the potential to reshape the relationship between law enforcement and the communities they serve. As discussions progress, the focus on accountability, civil rights, and the implications for public safety will continue to be central themes in the discourse surrounding this bill.

Contention

Opponents of HB 2847 argue that abolishing qualified immunity could have unintended consequences, including a chilling effect on police officers who may hesitate to act in potentially dangerous situations for fear of litigation. Critics suggest that this could lead to hesitance in making split-second decisions, thereby impacting public safety. Furthermore, some believe that the bill may disproportionately affect smaller police departments that may not have the resources to handle an influx of lawsuits. Proponents counter that accountability is essential and that effective oversight mechanisms should be in place regardless of the potential risks.

Companion Bills

US SB1196

Related Ending Qualified Immunity Act

Previously Filed As

US SB1196

Ending Qualified Immunity Act

US HB503

Qualified Immunity Act of 2025

US SB122

Qualified Immunity Act of 2025

US HB233

Qualified Immunity Act of 2023 This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as Bivens lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known. The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear for every reasonable officer to know that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional. The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.

US HB3027

End qualified immunity

US HB2102

End qualified immunity

US HB4362

End qualified immunity

US HB2690

Ending PUSHOUT Act of 2023 Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2023

US A850

Eliminates qualified immunity and sovereign immunity in certain cases.

US S375

Eliminates qualified immunity and sovereign immunity in certain cases.

Similar Bills

No similar bills found.