Bivens Act would allow citizens to recover damages for constitutional violations by federal officials
Constitutional Accountability Act would hold law enforcement agencies and police departments accountable for unconstitutional conduct by their officers
Washington, DC – U.S. Senator Sheldon Whitehouse (D-RI), ranking member of the Senate Judiciary Subcommittee on Federal Courts, and Congressman Hank Johnson (D-GA), ranking member of the House Judiciary Subcommittee on Courts, today reintroduced the Bivens Act, legislation that would allow citizens to recover damages for constitutional violations committed against them by federal officials, including U.S. Immigration and Customs Enforcement, Transportation Security Administration, Federal Bureau of Investigation, Department of Justice, and federal prison officials, among others. Whitehouse and Johnson also reintroduced theConstitutional Accountability Act, legislation to hold federal law enforcement agencies and police departments accountable for unconstitutional conduct by their officers.
“Honest courtrooms help ensure that public officials, including law enforcement, can be held accountable. But this Supreme Court’s confusing judicial precedent prevents victims from going to court to hold federal officials accountable for clear and often egregious constitutional violations. Our Bivens bill would reopen the courthouse doors to these victims,” said Senator Whitehouse. “To encourage more responsible officer training and management, our Constitutional Accountability Act would apply the time-tested doctrine of respondeat superior to hold federal agencies and departments liable for unconstitutional actions by their employees.”
“Under this lawless administration, federal officers are using excessive force and violating constitutional rights in our streets with impunity,” said Congressman Johnson. “If federal officials violate the Constitution, they should be held to the same standard as state and local officials, full stop.”
Senators Alex Padilla (D-CA), Ron Wyden (D-OR), Ed Markey (D-MA), Peter Welch (D-VT) and Mazie Hirono (D-HI) cosponsored the Bivens Act. Senator Padilla also cosponsored the Constitutional Accountability Act.
Congress enacted 42 U.S.C. § 1983 to ensure that state and local officials could not violate individuals’ federal constitutional rights with impunity. Section 1983 is designed to allow individuals to sue state and local officials to recover damages for constitutional violations. There is no comparable statute providing an express cause of action for victims of constitutional violations perpetuated by federal officials. Since the 1970s, the U.S. Supreme Court’s Bivensdoctrine has recognized limited circumstances in which the Constitution itself authorizes a self-executing remedy for damages. But the Court has significantly curtailed the availability of Bivens claims in recent years. The Bivens Act says no matter who the victim is, courthouse doors should be open.
The Constitutional Accountability Act would recognize that federal, state, and local law enforcement agencies should have the same civil liability for officer misconduct that private employers have for their employees under the long-established legal doctrine, respondeat superior. The legislation would extend liability for constitutional violations by officers to the departments that employ those officers and can change hiring, training, supervision, discipline, and culture to prevent misconduct that risks the safety of both officers and the communities they serve.
The bill text of the Bivens Act is available here. The text of the Constitutional Accountability Act is available here.
