legislation: 117-s-3415

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bill_id congress bill_type bill_number title policy_area introduced_date latest_action_date latest_action_text origin_chamber sponsor_name sponsor_state sponsor_party sponsor_bioguide_id cosponsor_count summary_text update_date url
117-s-3415 117 s 3415 Constitutional Accountability Act Civil Rights and Liberties, Minority Issues 2021-12-16 2021-12-16 Read twice and referred to the Committee on the Judiciary. Senate Sen. Whitehouse, Sheldon [D-RI] RI D W000802 0 Constitutional Accountability Act This bill extends civil liability to federal, state, and local government entities and officials for constitutional violations committed by law enforcement officers. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement) for violations of constitutional rights (also known as Section 1983 lawsuits); the Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations). However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability except when their actions violate clearly established rights of which a reasonable person would have known. Additionally, under the doctrine of sovereign immunity, federal and state government entities generally cannot be sued without their consent. Further, the Supreme Court has held that a local government entity cannot be sued for an injury inflicted by its employees. The bill provides a statutory civil cause of action against and extends liability to federal, state, and local government entities and officials for violations of constitutional rights committed by law enforcement officers in their employment, regardless of any immunity that would otherwise apply. 2022-12-30T03:34:00Z  

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