Overview
Title
To provide a civil remedy for an individual whose rights have been violated by a person acting under Federal authority, and for other purposes.
ELI5 AI
Imagine if someone working for the U.S. government does something that breaks your rights. This bill lets you ask a court to help you with that, just like you could if someone working for a state did the same thing.
Summary AI
S. 4940, known as the "Bivens Act of 2024," aims to allow individuals to seek legal action if their rights are violated by someone acting under federal authority. The bill proposes to amend Section 1979 of the Revised Statutes (42 U.S.C. 1983) to include actions by individuals of the United States, in addition to those of any State. This change would provide a civil remedy for individuals whose constitutional rights have been breached by federal actors.
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AnalysisAI
Summary of the Bill
The proposed bill, known as the "Bivens Act of 2024," aims to provide a civil remedy for individuals whose rights have been violated by someone acting under federal authority. The key element of the bill is an amendment to Section 1979 of the Revised Statutes (42 U.S.C. 1983). This amendment seeks to expand the scope of who can be held accountable by including not only state actors but also individuals operating under federal authority when it comes to civil rights violations.
Significant Issues
One of the most considerable changes proposed by this bill is the expansion of liability to federal employees for violations of individual rights. Traditionally, 42 U.S.C. 1983 allowed for lawsuits against state and local officials, but with this amendment, federal authorities could also be subject to these lawsuits. This alteration could profoundly shift the legal landscape by potentially increasing the number of lawsuits filed against federal employees.
Furthermore, the bill's legal language is complex and might pose challenges in interpretation and application. Legal professionals and the general public may face difficulties in understanding the full implications, possibly leading to inconsistent applications in legal proceedings.
Impact on the Public
For the general public, this bill could serve as an empowering tool, providing a pathway to seek redress when federal authorities are perceived to violate individual rights. If passed, individuals could have more avenues to hold government officials accountable, potentially leading to greater protection of civil liberties.
On the other hand, the complexity of the legal text could become a barrier for those without specialized knowledge. This may result in a necessity for legal assistance, potentially increasing the cost and time involved in seeking justice. Additionally, the potential rise in lawsuits might strain judicial resources and create a backlog in courts.
Impact on Stakeholders
Federal employees, in particular, could face increased scrutiny and legal challenges, which may negatively impact their work environment. They might require further training or guidance to understand the increased liabilities they could face and ensure their actions align with legal expectations.
From a positive standpoint, the bill can be seen as reinforcing governmental accountability and transparency. Individuals who feel wronged by federal authorities might find this bill favorable as it strengthens their ability to challenge potential abuses of power.
However, other stakeholders, such as legal practitioners, might experience increased demand for their services, given the anticipated rise in related legal actions. This aspect could result in both an opportunity and a challenge, as attorneys navigate the potentially complex interpretations of the amended law.
Overall, the "Bivens Act of 2024" presents a significant shift in the legal framework surrounding civil rights violations, potentially offering both an expanded remedy for individuals and new challenges for federal actors.
Issues
The amendment to Section 1979 of the Revised Statutes (42 U.S.C. 1983) may significantly expand the scope of who can be sued for violating an individual's rights by including persons acting under United States federal authority. This changes the long-standing interpretation of the statute, which has traditionally applied to state actors. This legal change could have profound implications for both federal employees and individuals seeking remedies for rights violations. [Section 2]
The legal language used in the amendment is complex and may require legal expertise to fully understand its implications. This complexity could lead to challenges in how the law is applied and understood by both legal professionals and the general public. [Section 2]
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section gives the short title of the Act, which is called the "Bivens Act of 2024".
2. Civil action against person acting under Federal authority Read Opens in new tab
Summary AI
The amendment to Section 1979 of the Revised Statutes (42 U.S.C. 1983) adds wording to include people acting under the authority of the United States, not just those acting under the authority of any State, in civil actions.