California enacts law letting residents sue federal officers despite qualified immunity
Governor Gavin Newsom signed the No Kings Act, permitting Californians to bring civil suits against any government official, including federal agents, for constitutional violations.
California's No Kings Act, signed by Governor Gavin Newsom, establishes a statewide right for individuals to sue any government actor who infringes their constitutional rights, regardless of whether the actor is federal. Sponsored by Senator Scott Wiener, the bill preserves the Supreme Court's qualified-immunity doctrine but creates a civil-rights claim for damages, with a two-year filing deadline and retroactive effect from March 1, 2025.
Proponents such as Anya Bidwell of the Institute for Justice argue it revives traditional accountability, citing a client detained for three days. Critics, including scholars like James Pfander, warn that the law must treat all officials uniformly to avoid federal preemption. The measure mirrors Illinois' earlier Bivens-style law and may face challenges from the Department of Justice, which has already contested similar state actions.
Why it matters
It gives Californians a new avenue to hold federal officers financially liable for rights violations.
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