Qualified Immunity Act of 2021

Qualified Immunity Act of 2021

This bill codifies the defense of qualified immunity for law enforcement officers in any case under provisions regarding civil actions for deprivation of rights under color of law.

Specifically, a law enforcement officer subject to such an action in his or her individual capacity shall not be found liable if the officer establishes that

• the right, privilege, or immunity secured by the Constitution or federal law was not clearly established at the time of the deprivation, or that at this time, the state of the law was not sufficiently clear that every reasonable law enforcement officer would have understood that the conduct alleged constituted a violation of the Constitution or federal law; or
• a court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the Constitution and federal laws.

A law enforcement agency or unit of local government that employed a law enforcement officer subject to such an action shall not be liable if the officer is found not liable and to have been acting within the scope of his or her employment.