Democratic lawmakers are reintroducing legislation to ensure that federal officials, including law enforcement officers, can be individually sued for constitutional violations like excessive force. The proposed bill seeks to amend a post-Civil War era law to clarify that federal officials are subject to civil rights lawsuits. This comes after a Supreme Court ruling in 2022 made it nearly impossible to sue federal officials, particularly Border Patrol agents, for constitutional violations. The legislation, reintroduced by Sen. Sheldon Whitehouse and Rep. Hank Johnson, aims to hold federal officials accountable for breaking the law and increase judicial oversight for unlawful actions by the government. This move is a response to the Supreme Court’s diminishing willingness to allow such suits through “Bivens claims,” which had previously been the only recourse for bringing lawsuits against federal officials. Current options for holding federal officials accountable are limited, with individuals only able to sue the federal government under the Federal Tort Claims Act, which offers limited damages and no jury trial. The legislation, previously introduced but unsuccessful, simply adds officials of the United States to the list of those who can be individually sued for constitutional violations, alongside state and local officials.
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