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.
By formalizing the doctrine of qualified immunity, the bill alters the landscape of civil rights litigation against law enforcement. If enacted, it could significantly shield law enforcement officers from civil liability unless it can be proven that they acted in violation of a clearly established constitutional right. This would effectively limit the scope of accountability for officers and their departments, fostering a sense of security in their operational decisions. Critics, however, argue that it could hinder the ability of citizens to seek redress in cases of misconduct or abuse of power by law enforcement agents.
House Bill 233, titled the 'Qualified Immunity Act of 2023', aims to codify the defense of qualified immunity for law enforcement officers in cases involving constitutional violations. This bill intends to provide statutory authority that reinforces the legal principle that officers performing their duties can only be held liable in civil cases under Section 1983 if they have violated clearly established rights of which a reasonable person would have been aware. This codification clarifies the standards for liability among law enforcement officials and is pertinent to both state and federal jurisdictions.
The public discourse surrounding HB 233 reveals deep divisions among lawmakers, civil rights advocates, and law enforcement associations. Proponents of the bill assert that qualified immunity is necessary to protect officers from unwarranted lawsuits that distract from their duties and negatively impact morale. Opponents contend that qualified immunity erodes accountability and emboldens police misconduct. The bill's introduction has sparked calls for a reconsideration of how law enforcement accountability is structured, particularly in light of numerous high-profile cases of police violence and systemic injustices.