S. 1196: Ending Qualified Immunity Act

This bill eliminates the defense of qualified immunity in certain civil actions for deprivation of rights. Qualified immunity is a judicially created doctrine that protects government officials from being held personally liable for constitutional violations.

The bill provides that, under the statute allowing a civil action alleging deprivation of rights under color of state law, it shall not be a defense to any such action that, at the time of the deprivation, (1) the defendant was acting in good faith or believed that his or her conduct was lawful; (2) the rights, privileges, or immunities secured by the Constitution and laws were not clearly established; or (3) the state of the law was such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.

Written by the Congressional Research Service, Library of Congress.