Democrats Propose Bill to Codify Right to Sue Federal Officers
Legislation that would codify the right for civilians to sue federal law enforcement officers directly for constitutional violations such as the use of excessive force, is once again introduced by Democrats in both chambers of Congress.
The legislation would amend the Civil Rights Act of 1871, to include the ability to sue federal officials acting under the color of the law.
The legislation is dubbed the Bivens Act, after the 1971 Supreme Court ruling that found that federal officials could be sued over civil rights violations.
However, the Supreme Court has been steadily chipping at Bivens, most recently in the 2022 Egbert v. Boule decision. In that case, the court ruled that an innkeeper on the U.S.-Canadian border is not entitled to sue a border patrol agent for throwing him to the ground after a refusal to investigate a guest.
The Egbert case has had a profound effect. NBC News reports that in the year following the ruling, lower courts cited it 228 times in a variety of cases against federal officials. Constitutional claims were dismissed in 195 of those cases.
“Public officials at all levels of government, including law enforcement, should have a clear, fair standard of accountability when they break the law,” said lead Senate sponsor, Senator Sheldon Whitehouse (D-RI). “Our Bivens Act would end the confusing judicial precedent that for too long has prevented victims from holding federal officials accountable and securing compensation for constitutional violations.”
“The Bivens Act empowers our people to seek damages from the federal government when federal law enforcement officers exceed their authority and violate a person’s constitutional rights,” said Representative Jamie Raskin (D-MD), one of the leading House sponsors.
The Bivens Act is supported by numerous civil rights and watchdog groups. However, its support among Republicans and chances of passage are uncertain at best.