H.R. 7046: Qualified Immunity Abolition Act of 2026

This bill, known as the **Qualified Immunity Abolition Act of 2026**, aims to amend existing laws surrounding qualified immunity for law enforcement officers. Specifically, the bill will:

Remove Qualified Immunity Defense

The bill proposes to modify Section 1979 of the Revised Statutes, which deals with civil rights cases against law enforcement officers and others. The key changes include:

• The addition of a new provision that states qualified immunity will not serve as a defense in civil actions against law enforcement officers for actions that occur after the law is enacted.
• This means that if an individual believes that their constitutional rights have been violated by police or local law enforcement, they can sue those officers without the officers being able to claim they are immune from such suits based on their good faith conduct or their belief in the lawfulness of their actions.

Clarification of Civil Actions

Additionally, the bill specifies that in civil suits against law enforcement officers acting under federal authority, the definitions of what constitutes unlawful conduct are clarified. Under the amended law, the following defenses will no longer apply:

• If the officer was acting in good faith.
• If the officer believed their conduct was lawful, whether reasonably or unreasonably.
• If the legal rights in question were not clearly established.
• If the law applicable to the situation was such that the officer could not have reasonably known his or her actions were unlawful.

Implications for Law Enforcement Officers

Law enforcement officers at the federal, state, and local levels would no longer be able to use the defense of qualified immunity in civil lawsuits filed against them, potentially leading to increased accountability for their actions. The implications of this change could affect how law enforcement conducts their duties and the legal landscape surrounding police misconduct cases.

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