Police can no longer hide behind qualified immunity in civil rights suits
S. 3625 — Qualified Immunity Abolition Act of 2026 · Filed by Ed Markey (D-MA) · 1 cosponsor · Introduced Jan 13, 2026 · Referred to committee
Your members of Congress
Enter a ZIP to see where your representative and both senators stood on this bill.
Looked up on this device — your ZIP is never stored on our servers.
What it does
This bill removes qualified immunity as a legal defense for federal, state, and local law enforcement officers in civil rights lawsuits under 42 U.S.C. § 1983. Currently, officers can escape liability if they can show they were acting in good faith or that the law was not clearly established at the time. The bill eliminates these defenses, making officers personally liable for constitutional violations regardless of whether they reasonably believed their conduct was lawful.
Why we flagged it
The bill's core mechanism is a direct removal of a judicial doctrine that shields law enforcement from liability. It is a structural reform to civil rights enforcement, not a narrow carve-out or subsidy—it expands the legal remedies available to citizens harmed by police misconduct.
What the text implies
- Removal of qualified immunity may increase litigation costs for municipalities and states, as they may face higher insurance premiums or indemnification obligations for officers' actions.
- Officers may face personal financial liability, potentially affecting recruitment and retention in law enforcement, though the bill does not address indemnification or insurance mechanisms.
The full analysis lists 4 implications of this text.
Who stands to gain
civil rights attorneys and plaintiff's bar; liability insurance providers (increased premiums)