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H.R. 1489 (117th): Civil Rights Enhancement and Law Enforcement Accountability Improvement Act of 2021


The text of the bill below is as of Mar 2, 2021 (Introduced). The bill was not enacted into law.


I

117th CONGRESS

1st Session

H. R. 1489

IN THE HOUSE OF REPRESENTATIVES

March 2, 2021

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To permit vicarious liability claims against an employer of a person who, under color of law, subjects another to the deprivation of rights, and for other purposes.

1.

Short title

This Act may be cited as the Civil Rights Enhancement and Law Enforcement Accountability Improvement Act of 2021.

2.

Vicarious liability

Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended—

(1)

by inserting (a) before Every; and

(2)

by adding at the end the following:

(b)

In any action brought under subsection (a), the employer of a law enforcement officer acting under color of any law described in such subsection shall be vicariously liable for the acts or omissions of the officer committed within the scope of employment in the same manner and to the same extent as a private employer is liable for the negligent acts of its employee under the laws of the State, Territory, or the District of Columbia. For purposes of this subsection, a law enforcement officer acting under color of law shall be deemed to be acting within the course and scope of employment (regardless of whether the act of the law enforcement officer was unconstitutional).

(c)

It shall not be a defense against any claim for vicarious liability under subsection (b) that a law enforcement officer has immunity in any action against the law enforcement officer under subsection (a). Nothing in this section shall be construed as limiting, providing, or extending any extant immunity to a law enforcement officer.

(d)

Nothing in this section shall be construed to preclude liability under any other theory of law for deprivations actionable under subsection (a) caused by a law enforcement officer or an employer of such law enforcement officer.

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