Qualified Immunity Act of 2025

Summary#

This bill, the Qualified Immunity Act of 2025, adds a new subsection to 42 U.S.C. 1983 to codify qualified immunity for law enforcement officers. It defines "law enforcement agency" and "law enforcement officer." The bill says an officer in their individual capacity cannot be found liable under this section if the officer proves either that the constitutional or federal right was not clearly established at the time, or that a final court decision had held the specific conduct lawful. It also says a law enforcement agency or local government is not liable if the officer is found not liable and was acting within the scope of employment. The amendments take effect 180 days after enactment.

What it means for you#

• The bill defines who counts as a law enforcement officer and agency for cases under 42 U.S.C. 1983.
• Individual officers may avoid liability if they show the relevant right was not clearly established at the time of the incident, or if a final court decision had already ruled the conduct lawful.
• Agencies and local governments may avoid liability when the employed officer is found not liable and was acting within their employment.

Expenses#

No publicly available information.

Proponents' View#

The bill includes findings saying qualified immunity is meant for all but the plainly incompetent or those who knowingly break the law. It also says qualified immunity balances holding officers accountable when they misuse power and protecting officers from harassment and distraction when they act reasonably.

Opponents' View#

No publicly available information.