Primary sources
The statute, and what is pending.
Links checked 5 September 2026. Every one goes to an official government source or to a full opinion text — not to a summary, a news article, or an explainer. If a link ever dies, the citation beside it is enough to find the document again.
The statute the whole doctrine sits on
42 U.S.C. § 1983 — Civil action for deprivation of rights. Enacted as § 1 of the Civil Rights Act of 1871. Note what it does and does not say: the section creates liability and does not mention qualified immunity anywhere. The defence is judge-made, which is the single most important fact about it.
Official U.S. Code: uscode.house.gov · Section text at Cornell LII: law.cornell.edu/uscode/text/42/1983
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured…”
Bills before the 119th Congress — pending, in both directions
These are introduced bills, not law. Each was referred to committee and has not advanced. Two would abolish the defence; one would write it into statute. Showing only one side would be a distortion, so all three are here.
- Ending Qualified Immunity Act, H.R. 3602 — Rep. Ayanna Pressley [D-MA-7], introduced 23 May 2025; referred to House Judiciary. congress.gov/bill/119th-congress/house-bill/3602
- Ending Qualified Immunity Act, S. 1913 — Sen. Edward J. Markey [D-MA], introduced 22 May 2025; read twice and referred to Senate Judiciary. congress.gov/bill/119th-congress/senate-bill/1913
- Qualified Immunity Act of 2025, S. 122 — Sen. Jim Banks [R-IN], introduced 16 January 2025. Runs the opposite way: it would give the defence statutory authority. congress.gov/bill/119th-congress/senate-bill/122
Congressional Research Service background, LSB10492: congress.gov/crs-product/LSB10492
Most recent decision on the register
Zorn v. Linton, No. 25–297, 607 U.S. ___ (2026), decided 23 March 2026, per curiam. A summary reversal of the Second Circuit holding the officer entitled to qualified immunity. Justice Sotomayor dissented, joined by Justices Kagan and Jackson. It is cited as 607 U.S. ___ rather than with a page number because the bound reporter page has not been assigned yet — inventing one would be a fabricated citation.
Official slip opinion: supremecourt.gov/opinions/25pdf/25-297_bqm2.pdf · Docket: docket 25-297 · Decision below reported as Linton v. Zorn, 135 F.4th 19 (2d Cir. 2025).