Constitutional Accountability Act

Increased Accountability for Law Enforcement: By making government entities liable for the actions of their officers, the bill aims to incentivize better hiring, supervision, training, and discipline (Section 2, Findings 4, 6, and 11).

Expanded Ability to Seek Damages: The bill expands the definition of a "person" to include the United States, States, Territories, and local governments, which allows for more direct legal recourse (Section 3, Subsection a).

Removal of Legal Barriers for Lawsuits: The act eliminates the requirement to prove a violation was the result of a specific municipal policy or custom, which has previously been a hurdle under the Monell doctrine (Section 2, Findings 7 and 8; Section 3, Subsection c).

Direct Remedy for Constitutional Violations: The bill ensures that States cannot use sovereign immunity to avoid liability for claims regarding the violation of rights by law enforcement (Section 3, Subsection d).

Standardization of Training Incentives: The bill seeks to address the lack of uniform training standards by creating a liability regime that encourages departments to adequately train officers (Section 2, Findings 11 and 12).

Increased Liability for Government Entities: The bill creates a new standard where the United States, States, and local governments are liable for the actions of their officers regardless of whether those actions followed a specific policy or custom (Section 3, Subsection c).

Removal of Sovereign Immunity Protections: The act removes the immunity that States previously held under the Eleventh Amendment for these specific types of claims (Section 3, Subsection d).

Waiver of Federal Immunity: The United States is required to waive its sovereign immunity for the purposes of actions brought under this section (Section 3, Subsection e).