This bill would change 42 U.S.C. 1983 to make the United States, States, local governments, their agencies, and other public entities "persons" who can be sued for constitutional violations committed by law enforcement officers. It defines "law enforcement officer" to include officers of local, State, Territorial, District of Columbia, and federal entities who can execute searches, seize evidence, or make arrests. The bill makes an employer or contracting entity liable for constitutional violations by an employee or contractor performing law enforcement work, even if the individual officer would be immune or the action was not pursuant to a policy or custom. It says States are not immune from these suits under the Eleventh Amendment (relying on section 5 of the 14th Amendment) and that the United States waives its sovereign immunity for such claims. The bill also says it does not remove any other causes of action that already exist.
If this bill became law, people who say a law enforcement officer violated their constitutional rights could bring a claim not only against the officer but also against the officer's employer or the public entity that contracted for the officer's services. The bill covers local, State, Territorial, District of Columbia, and federal employers. It also covers contractors who do law enforcement work. The bill changes legal rules that previously limited when a public entity could be held responsible.
No publicly available information.
The bill's findings say the 14th Amendment was meant to protect fundamental rights and that Congress created section 1983 to let people sue for constitutional violations. The bill argues current court interpretations (including Monell and Will) limit the usefulness of that remedy and make it harder to hold public entities responsible. The text says making public entities liable like private employers would create incentives to hire, train, supervise, and discipline officers to prevent constitutional violations. The bill cites examples and court decisions to support these points.
No publicly available information.