S. 3625 — Qualified Immunity Abolition Act of 2026

This section amends 42 U.S.C. 1983 (civil action for deprivation of rights) by redesignating the existing provisions as subsection (a) and adding subsection (b) to bar, in any action pending on or filed after enactment against a federal, state, or local law enforcement officer, the following defenses: (1) acting in good faith; (2) belief, reasonable or otherwise, that the conduct was lawful; (3) rights, privileges, or immunities not clearly established; or (4) state of the law such that the officer could not reasonably have been expected to know whether the conduct was lawful. (Thus, the amendment eliminates qualified immunity defenses for such officers.)

This section amends 42 U.S.C. 1983 (civil action for deprivation of rights) to extend liability to federal law enforcement officers who, under color of any statute, ordinance, regulation, custom, or usage of the United States, subject or cause persons to be subjected to deprivation of rights, privileges, or immunities secured by the Constitution and laws. (As background, 42 U.S.C. 1983 currently authorizes suits for damages or injunctive relief against state and local officials acting under color of state law for such deprivations. Thus, this change enables comparable suits against qualifying federal officers.)