To amend the Revised Statutes to remove the defense of qualified immunity in the case of any action under section 1979, and for other purposes.
Under the KKK Act (which was designed to combat violations of civil rights) of 1871, government actors never received qualified immunity for violating rights. After SCOTUS case Pierson v. Ray, 386 U.S. 547, however, government officials began to apply a good faith defense to government officials who made unconstitutional arrests. This has made it much more difficult for plaintiffs to recover damages when their rights have been violated by state officials. This bill would remove the good faith assumption/qualified immunity for government officials.