I
116th CONGRESS
2d Session
H. R. 9060
IN THE HOUSE OF REPRESENTATIVES
December 31, 2020
Mr. Kennedy introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend section 1979 of the Revised Statutes of the United States to clarify that States are persons for purposes of liability under that section, and for other purposes.
Findings
Congress finds the following:
The United States Supreme Court has held that the Eleventh Amendment grants sovereign immunity to States in Federal court absent a waiver by the State or congressional action.
The United States Supreme Court has further held that a lawsuit brought under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) against a government official for actions taken in their official capacity is to be treated as a lawsuit against the entity of which the officer is an agent.
Due to sovereign immunity, lawsuits for actions brought under such section may be filed against a State government official in their personal capacity but not in their official capacity.
This Act does not increase liability for government officials in personal capacity cases in any way, but helps to ensure equitable and monetary relief for victims of civil rights violations.
Liability of States for actions under color of law
Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended by adding at the end the following: For purposes of this section, the term person includes a State or Commonwealth, and a department, office, or officer acting in their official capacity, thereof.