H.R. 6092: Constitutional Accountability Act

This bill, known as the Constitutional Accountability Act, aims to amend existing laws regarding the liability of law enforcement officers and their employers for constitutional violations. The main points of the bill are as follows:

Legal Framework

The bill proposes to revise Section 1979 of the Revised Statutes (42 U.S.C. 1983), which currently allows individuals to sue for violations of their constitutional rights. The changes aim to broaden the scope of who can be held liable for such violations.

Key Provisions

• Expanded Definition of "Person": The definition of "person" under the law would include not only individuals and private entities but also federal, state, and local governments, allowing for lawsuits against these entities.
• Liability of Governments: State and local governments would be made directly liable for the actions of law enforcement officers, regardless of whether these actions were sanctioned by a policy or custom of the government.
• Federal Government Liability: The federal government would waive its sovereign immunity in cases where its law enforcement officers violate constitutional rights, thus allowing individuals to sue the federal government directly.
• Law Enforcement Officers Defined: The bill explicitly defines who qualifies as a law enforcement officer, thereby clarifying the scope of liability related to various law enforcement agencies.

Aim of the Legislation

The overall goal of this legislation is to establish more accountability for law enforcement actions by ensuring that victims of constitutional rights violations have clearer avenues for seeking monetary damages. The proponents of this bill argue that this accountability would incentivize better hiring, training, and supervision of law enforcement officers.

Current Legal Context

Under current interpretations, municipalities are not liable for the actions of their officers unless the violation is linked to a specific municipal policy. Moreover, states have significant immunity from lawsuits. This bill seeks to address these limitations by removing barriers that prevent victims from holding government entities accountable.

Consequences for Victims

The bill acknowledges the difficulty victims face in successfully suing for constitutional violations. It argues that the existing framework inadequately protects individuals whose rights have been violated by law enforcement, particularly in light of complex legal doctrines that have historically shielded these entities from responsibility.

This amended approach aims to ensure that state and local governments cannot escape liability when constitutional rights are violated by their officers.

Relevant Companies

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