1. United States
  2. Va.
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Support the Bivens Act of 2025 to Ensure Federal Accountability

To: Rep. Walkinshaw, Sen. Warner, Sen. Kaine

From: A constituent in Burke, VA

February 9

I am writing to urge you to support the Bivens Act of 2025, HR6091, which would establish a clear statutory basis for individuals to sue federal officials who violate their constitutional rights. This legislation addresses a critical gap in our civil rights framework by extending the protections of 42 U.S.C. 1983, which currently applies only to state actors, to include federal officials as well. Since the Supreme Court's 1971 decision in Bivens v. Six Unknown Named Agents, the ability to hold federal officials accountable for constitutional violations has been steadily eroded through subsequent court decisions. The Bivens Act would codify and expand this doctrine by inserting the phrase "of the United States or" before "of any State" in the existing statute. This straightforward amendment would ensure that all government officials, whether state or federal, face the same accountability standards when they violate citizens' constitutional rights. Currently, victims of federal rights violations face an inconsistent and increasingly narrow path to justice. The Bivens Act would provide equal treatment under the law and create a more robust system of accountability for federal operations. When federal agents know they can be held personally liable for constitutional violations, they exercise greater caution and respect for individual rights. This is not about encouraging frivolous lawsuits but about ensuring that individuals have meaningful recourse when their Fourth Amendment protections and other constitutional guarantees are violated. The principle is simple: if state officials can be sued for violating constitutional rights, federal officials should face the same consequences. This legislation strengthens the rule of law and reinforces the fundamental principle that no government actor is above accountability. I urge you to vote yes on HR6091 and support this essential protection for constitutional rights.

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