Qualified Immunity Act of 2025
Sponsored By: Representative Foxx, Virginia [R-NC-5]
Introduced
Summary
Codifies qualified immunity for law enforcement in 42 U.S.C. 1983 suits. The bill would create a statutory defense that bars individual liability when a right was not clearly established or when a prior final court decision held the specific conduct lawful.
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- Officers: Provides a legal shield for federal, state, tribal, and local officers with arrest powers, letting them avoid damages in individual suits if they meet the defense's tests.
- Agencies and local governments: Would prevent employer liability when an officer is found not liable under the new standard and was acting within the scope of employment.
- People suing under Section 1983: Raises the hurdle for plaintiffs to obtain damages by codifying the defense into the statute.
- Scope and timing: Defines "law enforcement officer" and "law enforcement agency" to include federal, state, tribal, and local officials with statutory arrest powers. Changes would take effect 180 days after enactment.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Qualified immunity for law enforcement officers
If enacted, this would add a statutory qualified immunity defense for law enforcement officers sued under federal civil rights law. An officer would not be personally liable if either the right was not clearly established at the time, or a court had already issued a final merits decision saying the same conduct was lawful. A law enforcement agency or local government would not be liable if the officer is not liable and acted within the scope of the job. The bill defines “law enforcement officer” and “law enforcement agency” to include federal, state, tribal, and local officers with arrest powers. These changes would take effect 180 days after enactment.
Sponsors & CoSponsors
Sponsor
Foxx, Virginia [R-NC-5]
NC • R
Cosponsors
Rep. Van Orden, Derrick [R-WI-3]
WI • R
Sponsored 1/16/2025
Rep. Tenney, Claudia [R-NY-24]
NY • R
Sponsored 1/21/2025
Rep. Meuser, Daniel [R-PA-9]
PA • R
Sponsored 1/21/2025
Rep. Van Duyne, Beth [R-TX-24]
TX • R
Sponsored 1/21/2025
Rep. Bacon, Don [R-NE-2]
NE • R
Sponsored 1/21/2025
Rep. Finstad, Brad [R-MN-1]
MN • R
Sponsored 1/21/2025
Rep. Harris, Andy [R-MD-1]
MD • R
Sponsored 1/21/2025
Rep. Lawler, Michael [R-NY-17]
NY • R
Sponsored 1/21/2025
Rep. Garbarino, Andrew R. [R-NY-2]
NY • R
Sponsored 1/21/2025
Rep. Malliotakis, Nicole [R-NY-11]
NY • R
Sponsored 1/21/2025
Rep. Scott, Austin [R-GA-8]
GA • R
Sponsored 1/22/2025
Rep. Higgins, Clay [R-LA-3]
LA • R
Sponsored 2/11/2025
Rep. Jack, Brian [R-GA-3]
GA • R
Sponsored 4/7/2025
Rep. Nehls, Troy E. [R-TX-22]
TX • R
Sponsored 4/7/2025
Rep. Shreve, Jefferson [R-IN-6]
IN • R
Sponsored 4/7/2025
Rep. Van Drew, Jefferson [R-NJ-2]
NJ • R
Sponsored 4/9/2025
Rep. Hinson, Ashley [R-IA-2]
IA • R
Sponsored 5/5/2025
Rep. Gonzales, Tony [R-TX-23]
TX • R
Sponsored 5/13/2025
Rep. Gosar, Paul A. [R-AZ-9]
AZ • R
Sponsored 5/14/2025
Rep. Ezell, Mike [R-MS-4]
MS • R
Sponsored 5/19/2025
Rep. Bost, Mike [R-IL-12]
IL • R
Sponsored 7/15/2025
Rep. Calvert, Ken [R-CA-41]
CA • R
Sponsored 7/23/2025
Rep. Obernolte, Jay [R-CA-23]
CA • R
Sponsored 8/1/2025
Rep. Kelly, Mike [R-PA-16]
PA • R
Sponsored 10/24/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov