Friday, June 26, 2020

House of Representatives Passes Qualified Immunity Reform

Yesterday the House of Representatives passed the George Floyd Justice in Policing Act of 2020 (H.R. 7120). Section 102 addresses qualified immunity, although only in the context of actions against law enforcement officers. Here’s the relevant text:

Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended by adding at the end the following:

“It shall not be a defense or immunity in any action brought under this section against a local law enforcement officer (as such term is defined in section 2 of the George Floyd Justice in Policing Act of 2020), or in any action under any source of law against a Federal investigative or law enforcement officer (as such term is defined in section 2680(h) of title 28, United States Code), that—

“(1) the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time when the conduct was committed; or

“(2) the rights, privileges, or immunities secured by the Constitution and laws were not clearly established at the time of their deprivation by the defendant, or that at such time, the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.”

Here are links to the full text of the bill (HTML, PDF).

 

 

 

 

 

 

 

 

https://lawprofessors.typepad.com/civpro/2020/06/house-of-representatives-passes-qualified-immunity-reform.html

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