Senator Jim Banks introduces Qualified Immunity Act of 2025

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Banks

Senator Jim Banks (R-Ind.) introduced on Thursday 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,” Sen. Banks said. “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.

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’ attempt 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, and the Prince William County Police Association endorsed this legislation.