Sec. 4. Reform of qualified immunity
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/bill/116/s/4036/is/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) is amended— by inserting
(a)before Every person ; and by adding at the end the following: Except as provided in paragraph (2), it shall not be a defense to any action brought under this section that, at the time of the deprivation— the defendant was acting in good faith; the defendant believed, reasonably or otherwise, that his or her conduct was lawful; the rights, privileges, or immunities secured by the Constitution and laws were not clearly established; or the state of the law was such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful. A defendant sued in his or her individual capacity under this section shall not be liable if the defendant establishes that, at the time the deprivation occurred— the conduct alleged to be unlawful was specifically authorized or required by a Federal statute or regulation, or by a statute passed by the primary legislative body of the State, Territory, or District of Columbia in which the conduct was committed; no court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the provision or provisions of the statute or regulation authorizing or requiring such conduct were inconsistent with the Constitution or Federal laws; and the defendant reasonably believed that his or her conduct was in conformance with the Constitution of the United States and Federal laws; 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 of the United States and Federal laws; and the defendant reasonably believed that his or her conduct was in conformance with the Constitution of the United States and Federal laws. In a covered action, a municipality or other unit of local government shall be liable for a violation of subsection
(a)by an agent or employee of the municipality or other unit of local government acting within the scope of his or her employment. It shall not be a defense to a covered action described in paragraph
(1)that— the agent or employee was acting in good faith, or that the agent or employee believed, reasonably or otherwise, that his or her conduct was lawful at the time when it was committed; or the rights, privileges, or immunities secured by the Constitution and laws were not clearly established at the time of their deprivation by the agent or employee, or that at this time, the state of the law was otherwise such that the agent or employee could not reasonably have been expected to know whether his or her conduct was lawful. In this section— the term court of competent jurisdiction means— the Supreme Court of the United States; a district court or court of appeals of the United States that has jurisdiction over the territory in which the deprivation occurred; or a court of general jurisdiction of a State, Territory, or District that has jurisdiction over the territory in which the deprivation occurred; the term covered action means an action under subsection
(a)against— an agent or employee of a municipality or other unit of local government acting in his or her official capacity; or a municipality or other unit of local government; and the term defendant does not include— a municipality or other unit of local government; or an individual employed by a municipality or other unit of local government acting in his or her official capacity. .
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Sec. 4
Reform of qualified immunity
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