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119-s-3625119th Congress

Qualified Immunity Abolition Act of 2026

Sponsored By: Senator Markey, Edward J. [D-MA]

Introduced

Summary

This bill would abolish qualified immunity for law enforcement officers. It would also expand the civil right of action in 42 U.S.C. 1983 to cover Federal law enforcement officers acting under any federal statute, regulation, custom, or usage.

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  • People who say their constitutional rights were violated would face fewer legal roadblocks. The bill bars common defenses like good faith, a belief that conduct was lawful, and the "not clearly established" standard for cases pending on or filed after enactment.
  • State and local law enforcement officers would no longer be able to use those defenses in federal civil suits. That changes how many wrongful‑conduct claims against them would be argued in court.
  • Federal law enforcement officers would be explicitly subject to suits under 42 U.S.C. 1983 when acting under federal authority. The bill inserts federal officers into the statute that currently covers state‑ and local‑actor liability.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Easier lawsuits for police misconduct

If enacted, this bill would make it easier to sue officers for violations of your constitutional rights. It would explicitly include federal officers acting under color of federal law in the federal civil-rights statute. It would bar using "good faith" or "I thought it was lawful" as a defense. It would also bar arguing the rights were not clearly established or that the state of the law made the conduct reasonable to believe lawful. This would apply to cases pending at enactment and to new cases filed after enactment. Police officers and government employers would face more lawsuits and potential liability.

Sponsors & CoSponsors

Sponsor

Markey, Edward J. [D-MA]

MA • D

Cosponsors

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 2/3/2026

Roll Call Votes

No roll call votes available for this bill.

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