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

This section amends the civil rights enforcement statute (42 U.S.C. 1983), which authorizes suits against state and local officials acting under color of law for depriving persons of federal constitutional or statutory rights, by adding a new subsection (b) barring the following defenses in any such action pending on or filed after enactment against a federal, state, or local law enforcement officer: (1) acting in good faith; (2) believing, reasonably or otherwise, that the conduct was lawful; (3) the rights, privileges, or immunities were not clearly established; or (4) the state of the law was such that the defendant could not reasonably have been expected to know whether the conduct was lawful. (Thus, the provision eliminates qualified immunity as a defense for law enforcement officers under Section 1983.)

This section expands Section 1983 (42 U.S.C. 1983) to impose civil liability on federal law enforcement officers who, under color of federal law, subject persons to deprivation of rights secured by the Constitution and federal laws. (Section 1983 previously applied only to persons acting under color of state, territorial, or District of Columbia law.)