Some federal employees could soon be vulnerable to lawsuits for violating constitutional rights of Americans while conducting their jobs, with a bicameral group of Democratic lawmakers pushing legislation to take down existing protections for workers and agencies alike.
The Constitutional Accountability Act (H.R. 6327) would enable individuals to sue both the federal government and federal law enforcement employees for constitutional violations. The measure, introduced by Sen. Sheldon Whitehouse, D-R.I., and Rep. David Cicilline, D-R.I., is aimed at creating new incentives for state, local and federal agencies to boost oversight of employee training, supervision and discipline to root out misconduct, particularly among law enforcement personnel.
The legislation would give individuals a statutory right to bring cases against feds who violated their constitutional rights, rather than having to prove a “cause of action” before a court. The lawmakers noted courts have become “increasingly unlikely” to approve those efforts.
It would also hold federal agencies liable for the actions of their employees, even if the employees were acting within the confines of their jobs. That provision would unwind a Supreme Court precedent dating back to 1983.
“For too long these agencies and governments—who employ, train, and oversee their officers—have been immune from lawsuits even in cases of egregious constitutional violations by their employees,” Cicilline said. “Removing immunity for...
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