Democrats in Congress have reintroduced a bill that would restore the ability to prosecute federal law enforcement officers for constitutional violations such as excessive use of force, after a series of Supreme Court rulings made prosecuting federal law enforcement officers virtually impossible.
Reintroduced by Sen. Sheldon Whitehouse (D-RI), Reps. Hank Johnson (D-Ga.) and Jamie Raskin (D-Md.) bivens act This week in the Senate and House. The legislation would amend the Civil Rights Act of 1871, a federal statute that allows people to sue the government for civil rights violations, to include federal officials acting in the name of the law, as well as state and local officials.
“Public officials at all levels of government, including law enforcement, should have clear and fair standards of accountability when they violate the law,” the White House said in a statement. Press release. “Our Bivins Act will end confusing judicial precedent that has long prevented victims from holding federal officials accountable and ensuring compensation for constitutional violations.”
In 1971, the Supreme Court ruled Bivens v. Six Unidentified Agents of the Federal Bureau of Narcotic Drugs When federal agents violate someone’s rights, they may be prosecuted. But subsequent Supreme Court rulings over the years have narrowed the purported bivens The claim has become a dead letter.
In recent cases, Egbert v. ballThe Supreme Court ruled in 2022 that a bed and breakfast owner could not sue a Border Patrol agent who allegedly assaulted him and retaliated after he complained. reasonDamon Root Summary case:
The controversy centers on the actions of a Border Patrol agent who attempted to question a guest at a Washington state bed and breakfast about his immigration status. When owner Robert Boule told agent Erik Egbert to get off his property, Egbert allegedly assaulted Boule. Then, when Burr complained about the alleged assault to the agent’s superiors, Egbert allegedly retaliated by asking the IRS to investigate Burr, who was audited.
The court ruled 6-3 that Buell could not pursue claims against Egbert for excessive force or First Amendment retaliation.
During the same term, the court declined to hear a petition involving a Sao Paulo police case Invented a fake sex trafficking syndicate and sent a teenage girl to prison for two years on trumped-up charges, including a Homeland Security agent. Allegedly trying to kill a man Because of a quarrel involving his son.
as reasonBilly Binion wrote then”, “The federal emblem will now serve as an impenetrable shield against civil liability for violations of the same laws that agents uphold.
This isn’t just the opinion of some wacky liberal, either. federal judge don willett complain In a 2021 opinion, the Supreme Court rejected bivens So much so that “if you wear a federal badge, you can use excessive force on someone without fear of liability.”
The Bivins Act is supported by many civil rights and watchdog groups, including the American Civil Liberties Union, the Drug Policy Alliance and the Project on Government Oversight.
