Democratic lawmakers are reintroducing legislation to ensure that federal officials, including law enforcement officers, can be individually held accountable for constitutional violations such as excessive force. Senators Whitehouse and Representatives Johnson and Raskin are introducing a bill that would amend a post-Civil War era law to clarify that federal officials can be sued for civil rights violations. This comes after a Supreme Court ruling in 2022 made it almost impossible to sue federal officials for constitutional violations.
The legislation aims to increase judicial accountability for unlawful federal government actions by allowing individuals to sue federal officials in addition to state and local officials. This is in response to the Supreme Court’s retreat from a 1971 ruling that allowed such suits, making “Bivens claims” the only option. However, the Supreme Court has repeatedly refused to allow these claims to move forward, leading to limited options for holding federal officials accountable.
Currently, individuals can only sue the federal government directly under the Federal Tort Claims Act, where damages are limited and there is no chance of a jury trial. The legislation, which has been introduced before without success, simply adds that officials of the United States can be sued in addition to state and local officials. The goal is to establish a clear and fair standard of accountability for federal officials who break the law, including those in law enforcement.
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