Washington (May 23, 2025) – Today, ahead of the five-year anniversary of the murder of George Floyd, Senator Edward J. Markey (D-Mass.) and Congresswoman Ayanna Pressley (MA-07) reintroduced the Ending Qualified Immunity Act. This legislation would eliminate the unjust and court-invented doctrine of qualified immunity, which shields state and local government officials from civil liability for misconduct, even for instances of police brutality and excessive force. The lawmakers’ bill would allow individuals to obtain relief when public officials, including police officers, violate their legal and civil rights.
“On the fifth anniversary of George Floyd’s murder, we must never forget that true justice requires that victims of police brutality and their families get their day in court,” said Senator Markey. “But all too often, qualified immunity impedes victims from holding government officials accountable. Qualified immunity is a flawed and judge-made doctrine that shields law enforcement officers from being sued for wrongdoing. For decades, courts have been gutting the landmark civil rights law, the Civil Rights Act of 1871, which allows victims of abuse at the hands of state and local officials to vindicate their rights in court. We must hold accountable the public officials who abuse their positions of trust in our communities.”
“It’s been nearly five years since George Floyd was murdered, and our families and communities continue to be plagued and destabilized by the overlapping crises of mass incarceration, police brutality, and overcriminalization,” said Congresswoman Pressley. “As we approach this somber anniversary and weather an unprecedented assault on Black and brown communities from the Trump Administration, I’m proud to introduce bold legislation and continue our push toward accountability, healing, and our collective liberation.”
The Supreme Court invented the judicial doctrine of qualified immunity to prevent state and local government officials from being held personally liable in court for misconduct, including for violations of constitutional rights. Congress never intended to shield public officials from this type of liability. In its passage of the Civil Rights Act of 1871, also known as the Ku Klux Klan Act, Congress expressly allowed individuals to sue government officials, including police officers, who violate their civil rights. In the past few decades, federal courts have gutted this landmark civil rights law by creating and then expanding the defense of qualified immunity. This doctrine especially harms Black and Brown Americans, who are disproportionately victims of excessive force and abuse at the hands of law enforcement.
The Senate bill is cosponsored by Senators Bernie Sanders (I-Vt.) and Elizabeth Warren (D-Mass.).
The Ending Qualified Immunity Act was originally introduced in June 2020 by Senator Markey, Congresswoman Pressley, and then-Congressman Justin Amash (I-MI) following the murder of George Floyd at the hands of law enforcement. In June 2020, Senator Markey joined Senator Cory Booker (D-N.J.), then-Senator Kamala Harris, then-Congressional Black Caucus Chair Karen Bass, and Congressman Jerrold Nadler (NY-12) in introducing the Justice in Policing Act to increase data collection on police violence and improve police training to end excessive brutality and force used by law enforcement.
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