Qualified Immunity Abolition Act

I 116TH CONGRESS 2D SESSION H. R. 8979 To amend the Revised Statutes of the United States to eliminate qualified immunity, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 16, 2020 Mr. HALL introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Revised Statutes of the United States to eliminate qualified immunity, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Qualified Immunity 4 Abolition Act’’. 5 SEC. 2. ELIMINATION OF QUALIFIED IMMUNITY. 6 Section 1979 of the Revised Statutes of the United 7 States (42 U.S.C. 1983) is amended by adding at the end 8 the following: ‘‘It shall not be a defense or immunity to 9 any action brought under this section that the defendant 10 VerDate Sep 11 2014 00:46 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8979.IH H8979 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8979 IH was acting in good faith, or that the defendant believed, 1 reasonably or otherwise, that his or her conduct was lawful 2 at the time when it was committed. Nor shall it be a de- 3 fense or immunity that the rights, privileges, or immuni- 4 ties secured by the Constitution or laws were not clearly 5 established at the time of their deprivation by the defend- 6 ant, or that the state of the law was otherwise such that 7 the defendant could not reasonably have been expected to 8 know whether his or her conduct was lawful.’’. 9 Æ VerDate Sep 11 2014 00:46 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H8979.IH H8979 pamtmann on DSKBC07HB2PROD with BILLS