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S. 2103: Accountability for Federal Law Enforcement Act


The text of the bill below is as of Jun 17, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 2103

IN THE SENATE OF THE UNITED STATES

June 17, 2021

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

A BILL

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.

1.

Short title

This Act may be cited as the Accountability for Federal Law Enforcement Act.

2.

Civil action for deprivation of rights

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

(1)

by striking Every and inserting the following:

(a)

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.

(b)

Every

;

(2)

in subsection (b), as so designated, by inserting the United States or before any State; and

(3)

by adding at the end the following:

(c)

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.

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