- United States
- Mo.
- Letter
Introduce or Co-sponsor the Federal Civil Rights Accountability Act (FCRA)
To: Sen. Hawley, Sen. Schmitt, Rep. Burlison
From: A constituent in Joplin, MO
February 24
As your constituent, I urge you to introduce or co-sponsor the "Federal Civil Rights Accountability Act" (attached). This creates a federal equivalent to 42 U.S.C. § 1983, allowing lawsuits against federal officers (ICE, CBP, FBI, etc.) for constitutional violations like unlawful detention or excessive force – with strict limits on qualified immunity. Recent ICE/CBP incidents with U.S. citizens show the urgent need. State officers face accountability; federal ones evade it. Please confirm in writing: Will you champion this in DHS/immigration negotiations? Thank you. I await your response. _______________________________________________________________________________________ PROPOSED BILL Proposed Legislation: "Federal Civil Rights Accountability Act" (FCRA) Every person who, under color of any federal statute, ordinance, regulation, custom, or usage, of any United States agency, 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 of the United States, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Key Provisions: * Officers Covered: All federal law enforcement officers and agents, including but not limited to those from ICE, CBP, FBI, ATF, DEA, U.S. Marshals, and any other federal agency with arrest, detention, search, or seizure authority. * Rights Protected: All constitutional rights, with a focus on Fourth Amendment protections against unreasonable searches and seizures, Fifth and Fourteenth Amendment due process and equal protection, First Amendment free speech and assembly, and Eighth Amendment excessive force protections. * Remedies Available: Compensatory and punitive damages, injunctive relief, declaratory judgment, and reasonable attorney’s fees and costs to prevailing plaintiffs. * Immunity Limits: No qualified immunity defense shall be available. Officers are entitled only to absolute immunity for judicial or prosecutorial functions. Good-faith defenses may be raised but must be proven by clear and convincing evidence. * Statute of Limitations: Four years from the date of the violation. * No Substitution: The United States shall not be substituted as defendant; officers sued in their individual capacity remain personally liable. Why This Matters: State and local officers can be sued under 42 U.S.C. § 1983 for constitutional violations, but federal officers evade similar accountability due to narrow judge-made remedies. This bill creates parity, ensuring federal power is checked by enforceable individual rights. It deters abuses like those seen in recent ICE/CBP incidents with U.S. citizens and restores democratic balance. Call to Action: Introduce and pass the FCRA in the current DHS funding and reform negotiations. Introduce or co-sponsor now.
Write to Joshua Hawley or any of your elected officials
Or text write to 50409
Resistbot is a chatbot that delivers your texts to your elected officials by email, fax, or postal mail. Tap above to give it a try or learn more here!