House Bill 288
117th Congress(2021-2022)
Qualified Immunity Act of 2021
Introduced
Introduced in House on Jan 13, 2021
Origin Chamber
House
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
288
Congress
117
Policy Area
Civil Rights and Liberties, Minority Issues
Civil Rights and Liberties, Minority Issues
Primary focus of measure is discrimination on basis of race, ethnicity, age, sex, gender, health or disability; First Amendment rights; due process and equal protection; abortion rights; privacy. Measures concerning abortion rights and procedures may fall under Health policy area.
Jim Banks
grade
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No House votes have been held for this bill.
Summary
Qualified Immunity Act of 2021
This bill codifies the defense of qualified immunity for law enforcement officers in any case under provisions regarding civil actions for deprivation of rights under color of law.
Specifically, a law enforcement officer subject to such an action in his or her individual capacity shall not be found liable if the officer establishes that
- the right, privilege, or immunity secured by the Constitution or federal law was not clearly established at the time of the deprivation, or that at this time, the state of the law was not sufficiently clear that every reasonable law enforcement officer would have understood that the conduct alleged constituted a violation of the Constitution or federal law; or
- a court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the Constitution and federal laws.
A law enforcement agency or unit of local government that employed a law enforcement officer subject to such an action shall not be liable if the officer is found not liable and to have been acting within the scope of his or her employment.
January 13, 2021
03/04/2021
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
01/13/2021
Referred to the House Committee on the Judiciary.
01/13/2021
Introduced in House
Public Record
Record Updated
Jan 11, 2023 1:43:36 PM