Thursday, December 09, 2021

It's time to ensure recourse against federal officials violating your rights.

 

Restore the Fourth Logo: Flag with black and red stripes and a blue square that says

Dear Friend,

You should have recourse if the government violates your rights—this isn’t exactly a controversial view. Recourse represents both justice for victims and a deterrent for a tyrannical government. But did you know that in many cases there is no right to action if a federal official violates your rights? While there is a statute that gives individuals the right to sue state officials in the case of rights abuses (barring things like qualified immunity getting in the way)—42 U.S.C §1983—there is currently no statute that guarantees recourse in the case of a federal government official, for example DHS or CBP, violating your rights.

That’s why a group of lawmakers, including Representative Hank Johnson (D-GA), Representative Jamie Raskin (D-MD), Senator Sheldon Whitehouse (D-RI), and Senator Alex Padilla (D-CA), introduced the Bivens Act of 2021. This bill makes one simple change to 42 U.S.C §1983, and expands it to federal government officials, opening the door to recourse in the case of federal officials committing a rights abuse.

 

Read more about the Bivens Act of 2021 on our blog.

 

Will you stand up for constitutional rights and call your members of Congress, telling them to cosponsor the Bivens Act of 2021? It’s time to ensure federal officials cannot violate your constitutional rights with impunity. You can also send a letter to your lawmaker here: send a letter!

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