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Legislative bills

Congressmen Introduce Bivens Bill to Hold Federal Officials Accountable for Constitutional Violations

Strategic Insights

— 1 min read

Congressmen Hank Johnson (GA-04) and Jamie Raskin (MD-08) have introduced The Bivens Act, legislation that aims to ensure citizens can recover damages for Constitutional violations committed against them by federal law enforcement officials. The bill comes after the Supreme Court nearly extinguished the availability of Bivens claims, leaving victims of constitutional violations without recourse. The Bivens Act would restore the right of individuals to claim the protection of the laws and courts when their civil rights and civil liberties are violated.

Key Takeaways:

  • The Bivens Act would allow citizens to recover damages for Constitutional violations committed against them by federal law enforcement officials, including ICE, TSA, FBI, DOJ, and federal prison officials.
  • The Supreme Court recognized the right to a remedy for civil damages against federal officers in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, but subsequently narrowed the availability of Bivens claims.
  • The Bivens Act aims to reverse the trend of expanding qualified immunity to shield state and local officials who commit civil rights violations.
  • The legislation is in response to recent incidents of federal law enforcement using tear gas, pepper spray, and rubber bullets against peaceful protesters, violating their First Amendment rights.
  • The Bivens Act would enable affected citizens to recover damages and hold federal law enforcement accountable to deter such assaults in the future.
  • Professor James Pfander of Northwestern Pritzker School of Law supports the Bivens Act, stating it fills a void unnecessarily created by the Supreme Court.
  • The bill text is available for reading.

Statistics:

  • Almost 50 years ago, the Supreme Court recognized the right to a remedy for civil damages against federal officers in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics.
  • The Court has since strictly limited the availability of Bivens claims, with the Court stating "it is doubtful today's Court would have recognized Bivens claims at all."
  • In 2020, Attorney General Barr activated unidentified federal law enforcement officers to deploy tear gas, pepper spray, and rubber bullets against peaceful protesters in Washington, D.C.

Sources:

  • United States House of Representatives
  • Congressman Jamie Raskin (MD-08)
  • Congressman Hank Johnson (GA-04)
  • Northwestern Pritzker School of Law
  • Supreme Court ruling in Marbury v. Madison

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