The Constitutional Accountability Act aims to significantly expand the liability of governmental entities for constitutional violations by law enforcement officers. It achieves this by amending Section 1983 of the Revised Statutes (42 U.S.C. 1983), which provides a civil remedy for the deprivation of rights. Specifically, the bill redefines "person" under Section 1983 to explicitly include the United States, States, Territories, local governments, and their agencies. A key provision establishes that these governmental entities are liable for constitutional violations committed by their employed or contracted law enforcement officers, irrespective of whether the officer acted pursuant to an official policy or custom, or if the officer would otherwise be immune from liability. This directly addresses and overturns the Supreme Court's Monell doctrine, which previously limited municipal liability. Furthermore, the Act ensures accountability by explicitly waiving sovereign immunity for States under the Eleventh Amendment, citing Congress's power under Section 5 of the 14th Amendment. It also waives the sovereign immunity of the United States for these claims, thereby providing a clear statutory cause of action against federal entities. The bill intends to strengthen civil remedies for constitutional rights violations and incentivize better hiring, training, and supervision of law enforcement personnel across all levels of government.
The Constitutional Accountability Act aims to significantly expand the liability of governmental entities for constitutional violations by law enforcement officers. It achieves this by amending Section 1983 of the Revised Statutes (42 U.S.C. 1983), which provides a civil remedy for the deprivation of rights. Specifically, the bill redefines "person" under Section 1983 to explicitly include the United States, States, Territories, local governments, and their agencies. A key provision establishes that these governmental entities are liable for constitutional violations committed by their employed or contracted law enforcement officers, irrespective of whether the officer acted pursuant to an official policy or custom, or if the officer would otherwise be immune from liability. This directly addresses and overturns the Supreme Court's Monell doctrine, which previously limited municipal liability. Furthermore, the Act ensures accountability by explicitly waiving sovereign immunity for States under the Eleventh Amendment, citing Congress's power under Section 5 of the 14th Amendment. It also waives the sovereign immunity of the United States for these claims, thereby providing a clear statutory cause of action against federal entities. The bill intends to strengthen civil remedies for constitutional rights violations and incentivize better hiring, training, and supervision of law enforcement personnel across all levels of government.