IN THE SENATE OF THE UNITED STATES
June 17, 2021
Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend the Revised Statutes of the United States to hold certain public employers liable in civil actions for deprivation of rights, and for other purposes.
This Act may be cited as the
Accountability for Federal Law Enforcement Act.
Civil action for deprivation of rights
Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended—
Every and inserting the following:
In this section, the term public employer means a Federal law enforcement agency that, at the time of a deprivation of any rights, privileges, or immunities described in section (b), employs, or contracts with an individual to perform the duties of, a Federal law enforcement officer or any other officer empowered by law to execute searches, to seize evidence, or to make arrests.
in subsection (b), as so designated, by inserting
the United States or before
any State; and
by adding at the end the following:
If, while acting under color of law, any officer who is empowered by law to execute searches, to seize evidence, or to make arrests subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, the public employer of that officer shall be liable to the party injured for the conduct of the officer in an action at law, suit in equity, or other proper proceeding for redress, regardless of whether a policy or custom of the public employer caused the violation, and regardless of whether the officer has any defense or immunity from suit or liability. This paragraph shall constitute a waiver of sovereign immunity with respect to Federal law enforcement agencies for any claim brought under this section. Nothing in this paragraph shall be construed to limit or preclude any legal, equitable, or other remedy that is available, under this section or under any other source of law, against an individual officer.