119th Congress (2025-2026)

HR 503

Qualified Immunity Act of 2025

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

This bill, the Qualified Immunity Act of 2025, aims to codify the existing legal doctrine of qualified immunity for law enforcement officers. It clarifies that officers are generally protected from liability in civil lawsuits (Section 1983 claims) unless the constitutional right violated was ‘clearly established’ or a court has already ruled that the specific conduct was lawful. The bill also extends this protection to law enforcement agencies, shielding them from liability if their officers are granted qualified immunity.

Key provisions

Defines ‘law enforcement officer’ broadly to include federal, state, tribal, and local officials with arrest powers.
Specifies that an officer is immune if the constitutional right was not ‘clearly established’ at the time of the alleged violation.
Provides an exception for qualified immunity if a court has ruled the conduct was constitutional.
Protects law enforcement agencies from liability if their officers are granted qualified immunity.
Establishes a 180-day delay before the changes take effect.
Clarifies the scope of ‘law enforcement agency’ to include supervisory and investigative bodies.
Codifies the existing qualified immunity doctrine into statute.
Addresses the individual versus agency liability for officers.

Who is affected

Law enforcement officers (federal, state, and local)
Law enforcement agencies and local governments
Individuals alleging constitutional violations by law enforcement
Legal professionals involved in civil rights litigation

Positions across the country

No public positions recorded for this legislation.

Arguments in favor

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Legislative history

2025-01-16House

Referred to the House Committee on the Judiciary.

2025-01-16

Introduced in House

2025-01-16

Introduced in House

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Jan 16, 2025XMLView source

119th CONGRESS — 1st Session

H. R. 503

IN THE HOUSE OF REPRESENTATIVES

A BILL

To amend the Revised Statutes to codify the defense of qualified immunity in the case of any action under section 1979, and for other purposes.

1.Short title

This Act may be cited as the

Qualified Immunity Act of 2025

2.Findings

Congress finds the following:

(1)Qualified immunity is intended for all but the plainly incompetent or those who knowingly violate the law and is meant to give government officials breathing room to make reasonable mistakes of fact and law.

(2)

The Supreme Court has observed that qualified immunity balances two important interests, the need to hold law enforcement officers accountable when they exercise power irresponsibly and the need to shield officers from harassment, distraction, and liability when they perform their duties reasonably.

3.Codification of qualified immunity

(a)In generalSection 1979 of the Revised Statutes (42 U.S.C. 1983) is amended—

(1)

by inserting (a) In general— before Every person; and

(2)

by adding at the end the following new subsection:

(b)Applicability to law enforcement officers

(1)

A law enforcement officer subject to an action under this section in their individual capacity shall not be found liable if such law enforcement officer establishes that—

(A)the right, privilege, or immunity secured by the Constitution or Federal law was not clearly established at the time of their deprivation by the law enforcement officer, 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

(B)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.

(2)A law enforcement agency or unit of local government who employed a law enforcement officer subject to an action under subsection (a), shall not be liable for such action if the law enforcement officer is found not liable under paragraph (1) and was acting within the scope of their employment.

(c)DefinitionsIn this section:

(1)Law enforcement officerThe term law enforcement officer means any Federal, State, Tribal, or local official who is authorized by law to engage in or supervise the prevention, detection, investigation, or the incarceration of any person for any violation of law, and has the statutory powers of arrest or apprehension, including police officers and other agents of a law enforcement agency.

(2)Law enforcement agencyThe term law enforcement agency means any Federal, State, Tribal, or local public agency engaged in supervision, prevention, detection, investigation, or the incarceration of any person for any violation of law, and has the statutory powers of arrest or apprehension.

(b)Effective dateThe amendments made under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

HR 503

Bill overview

Key provisions

Who is affected

Sponsors

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Cosponsors

Positions across the country

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Bill text

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