Us Congress 2025-2026 Regular Session

Us Congress House Bill HB3602

Introduced
5/23/25  

Caption

Ending Qualified Immunity Act

Impact

The removal of qualified immunity would have substantial implications for state laws, specifically empowering individuals to hold government officials accountable for their actions without the shield of qualified immunity. This act would essentially reform the way civil rights violations are addressed in the courts, allowing for greater access to justice. Supporters believe this legislative change could deter potential misconduct by state actors, thereby fostering a culture of accountability within law enforcement and governance. The bill reflects a broader movement towards civil rights reform aimed at rectifying long-standing injustices and is particularly significant in the contemporary context of police accountability and systemic reform.

Summary

House Bill 3602, also known as the Ending Qualified Immunity Act, seeks to amend the Revised Statutes by removing the defense of qualified immunity for government officials in cases concerning civil rights violations. This bill aims to enhance accountability for actions taken under the color of law, particularly addressing the challenges plaintiffs face in pursuing legal action against state and local officials who may have violated their statutory rights. The proponents of this bill argue that the current interpretation of qualified immunity significantly hinders justice for victims of civil rights violations, particularly marginalized communities. The fundamental aim is to align more closely with the original intent of Section 1979 of the Revised Statutes, promoting the enforcement of civil rights as intended by Congress over a century ago.

Contention

Despite the potential benefits of HB 3602, there are notable points of contention surrounding its implications. Opponents of the bill express concerns that the removal of qualified immunity could lead to a surge in frivolous lawsuits against public officials, potentially overwhelming courts and deterring individuals from entering public service. They argue that qualified immunity currently serves as a necessary protection, enabling officials to perform their duties without fear of constant litigation over each decision made in their official capacity. As debates continue, the discussion highlights the complex balance between ensuring civil rights and maintaining operational effectiveness within public sectors.

Companion Bills

US SB1913

Same As Ending Qualified Immunity Act

Previously Filed As

US HB2847

Ending Qualified Immunity Act

US SB1196

Ending Qualified Immunity Act

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 HB3602

Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act

US HB15

Equality Act This bill prohibits discrimination based on sex, sexual orientation, or gender identity with respect to businesses, employment, housing, federally funded programs, and other settings. Specifically, the bill expands Title II and Title VI of the Civil Rights Act of 1964 to prohibit public accommodations and federally funded programs, respectively, from discriminating based on sex, sexual orientation, or gender identity. It also includes stores, transit services, recreational facilities, and establishments that provide health care, accounting, or legal services as public accommodations under Title II. The bill also expands Title IV (desegregation of public schools) and Title VII (employment discrimination) to specifically include sexual orientation and gender identity. (The Supreme Court held in Bostock v. Clayton County that Title VII's prohibition of employment discrimination based on sex also prohibits employment discrimination based on sexual orientation or gender identity.) The bill similarly expands the Fair Housing Act (discrimination in public and private housing) to include sexual orientation and gender identity. It also prohibits discrimination based on sexual orientation or gender identity by creditors and with respect to jury selection. The bill defines sex for purposes of the aforementioned provisions to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics.

US HR1332

Original LGBTQIA+ Pride Month Resolution of 2024

US SB5

Equality Act This bill prohibits discrimination based on sex, sexual orientation, or gender identity with respect to businesses, employment, housing, federally funded programs, and other settings. Specifically, the bill expands Title II and Title VI of the Civil Rights Act of 1964 to prohibit public accommodations and federally funded programs, respectively, from discriminating based on sex, sexual orientation, or gender identity. It also includes stores, transit services, recreational facilities, and establishments that provide health care, accounting, or legal services as public accommodations under Title II. The bill also expands Title IV (desegregation of public schools) and Title VII (employment discrimination) to specifically include sexual orientation and gender identity. (The Supreme Court held in Bostock v. Clayton County that Title VII's prohibition of employment discrimination based on sex also prohibits employment discrimination based on sexual orientation or gender identity.) The bill similarly expands the Fair Housing Act (discrimination in public and private housing) to include sexual orientation and gender identity. It also prohibits discrimination based on sexual orientation or gender identity by creditors and with respect to jury selection. The bill defines sex for purposes of the aforementioned provisions to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics.

US HB8191

CROWN Act of 2024 Creating a Respectful and Open World for Natural Hair Act of 2024

US HB9262

Bivens Act of 2024

US HB5871

Rail Worker and Community Safety Act

Similar Bills

No similar bills found.