WASHINGTON, D.C. – Today, Senator Jim Banks (R-Ind.) introduced the Qualified Immunity Act of 2025. By committing clearly established legal precedent to statute, the bill provides protection for the rights of law enforcement agents to perform their duties in good faith and without fear of extraneous litigation. The bill also protects federal, state, local, and tribal governments from liability when their law enforcement agencies are found to have acted in good faith under qualified immunity.
“My legislation will protect those who risk their lives every day to keep our communities safe. Removing qualified immunity would open police departments up to frivolous lawsuits that would effectively bankrupt and defund them. This bill ensures that officers acting in good faith are protected while still holding accountable those who violate clearly established precedent. I will always back the blue!”
Click here for full text of the bill.
Senators Ted Budd (R-NC), Mike Crapo (R-Idaho), Tim Sheehy (R-Mont.) Rick Scott (R-Fla.), Marsha Blackburn (R-Tenn.), Cindy Hyde-Smith (R-Miss.), Markwayne Mullin (R-Okla.) and Jim Risch (R-Idaho) are original co-sponsors of this legislation.
Scott Krueger, President at Indiana State Police Alliance: “Our members do not need to be burdened with the fear of frivolous claims as they make difficult split-second decisions while performing their duties. Senator Banks is working to protect almost 60-years of jurisprudence by codifying qualified immunity, and in turn the law enforcement officers of the State of Indiana.”
Chief Kyle Prewitt, Indiana Association of Chiefs of Police: “The Indiana Association of Chiefs of Police is pleased to support the Qualified Immunity Act authored by Senator Jim Banks. This Act codifies qualified immunity protections for law enforcement officers, paving the way for them to be proactively engaged with communities and seeking to deter and prevent crime without fear of being exposed to lawsuits for simply doing their jobs. This Act provides a clear balance between protecting law enforcement officers while allowing those who commit acts of misconduct or criminality to be held accountable accordingly. We call upon the members of the 119th Congress to demonstrate their support for law enforcement officers-and the communities we are sworn to protect-by passing this important legislation.”
Bert Eyler Vice President, Police Officers’ Defense Coalition: “The Qualified Immunity Act of the 119thCongress carried by Senator Banks and Representatives Fox and Van Orden is what law enforcement needs to codify the 1967 US Supreme Court decision to protect law enforcement from frivolous lawsuits. The 119th Congress needs to do its job and make Qualified Immunity a ‘Law’ not an ‘Act’ so officers can breathe easier after every call knowing Congress finally has their back!”
Patrick Yoes, National President of the Fraternal Order of Police: “Qualified immunity is important to law enforcement officers, who need it to perform their sworn duty. Unless there is existing precedent that squarely governs the facts before the officer, a reasonable officer needs to be afforded a certain degree of discretion to make split-second decisions in situations that could put lives, including their own, at risk. Codifying the qualified immunity doctrine—which has been upheld by the courts for decades—will benefit public safety.”
Bill Johnson, Executive Director, National Association of Police Organizations: “Qualified immunity is an important protection for the men and women in law enforcement who put their lives on the line each day to protect our communities. Without it, officers will hesitate or be paralyzed in fear of civil liability for allegedly violating an unknown (and unknowable) civil right. By codifying the Supreme Court’s doctrine of qualified immunity, the Qualified Immunity Act will ensure that actual violations of known rights are addressed, while those officers who perform their duties reasonably are shielded from baseless lawsuits. We thank Representative Banks for his continued efforts to safeguard officers’ legal protections and look forward to working with him to pass this important bill.”
BACKGROUND:
In 2020, as a member of the House of Representatives, then-Rep. Jim Banks was the first to push for codifying Qualified Immunity. This was done in response to Democrats’ crusade to overturn it by including language in their police reform bill aimed at dismantling the doctrine.
- Enhances Clarity and Predictability: By codifying qualified immunity, the bill provides clear legal standards, reducing confusion and frivolous lawsuits against officers acting in good faith.
- Maintains Public Safety: Protecting officers from undue liability allows them to focus on their critical duties without fear of excessive litigation.
- Accountability Safeguards: The Act preserves avenues to hold officers accountable for egregious misconduct, ensuring a fair balance.
SUPPORTING ORGANIZATIONS
National Fraternal Order of Police, Police Officers’ Defense Coalition, National Association of Police Organizations, Indiana State Police Alliance, Indiana Association of Chiefs of Police, National Center for Police Defense, National Association for School Resource Officers, National Troopers Coalition, National Sheriffs’ Association, Minneapolis Police and Peace Officers Association, Austin Police Department Association, Wyoming Association of Sheriffs and Chiefs of Police, Prince William County Police Association endorsed this legislation.