Sheldon Whitehouse (D-RI)
Constitutional Accountability Act
A Democratic bill with 3 Democratic cosponsors · See all 3 cosponsors
Last activity — Read twice and referred to the Committee on the Judiciary.
In committee
Introduced and handed to a committee in the chamber it started in.
The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.
Its path through Congress
- Introduced
- In Committee
What this bill would do
The Constitutional Accountability Act aims to ensure that the United States, States, and local governments are liable for monetary damages when law enforcement officers violate constitutional rights. It amends section 1983 of the Revised Statutes to expand the definition of a "person" to include various government entities and agencies. The bill establishes that these entities are liable for violations committed by employees or contractors acting as law enforcement officers. This liability applies regardless of whether the officer was acting according to a specific policy or custom. Additionally, the act removes State sovereign immunity for these specific claims and has the United States waive its own sovereign immunity.
Yes· 3 of 7
- Scored +7
Does this change how police departments operate?
The bill enhances accountability by establishing employer liability for constitutional violations by officers regardless of specific policy or custom.
- Scored +6
Does this narrow racial gaps in how people are treated?
The bill addresses systemic issues highlighted by fatal police shootings of unarmed Black people by increasing law enforcement accountability.
- Scored +6
Would Black Americans be better off under this?
The bill directly addresses the finding that many fatal shootings of unarmed Black people currently lack consequences.
The opposite
- Scored -4
Does this reduce what the federal government spends?
The bill increases government spending by expanding the liability of federal, state, and local entities for monetary damages.
Who it would affect, and how
Potential Positive Impacts for People
-
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).
Potential Negative Impacts for People
-
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).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Social Issues And Justice
- Does this change how police departments operate? — The bill enhances accountability by establishing employer liability for constitutional violations by officers regardless of specific policy or custom. Does this narrow racial gaps in how people are treated? — The bill addresses systemic issues highlighted by fatal police shootings of unarmed Black people by increasing law enforcement accountability.
- Demographic And Interest Groups
- Would Black Americans be better off under this? — The bill directly addresses the finding that many fatal shootings of unarmed Black people currently lack consequences. Would households on low incomes be better off under this? — The bill provides better legal recourse for individuals whose rights are violated by law enforcement, which can benefit low-income populations. Would people in cities be better off under this? — Increased law enforcement accountability may improve safety and justice standards in urban environments.
- Governance And Ideology
- Does this protect the right to fair treatment by the courts? — The bill strengthens due process protections by providing more direct legal recourse against government entities for rights violations. Does this make what the government does easier for the public to see? — The bill increases accountability by creating legal consequences for government agencies that fail to protect constitutional rights.
- Economy And Finance
- Does this reduce what the federal government spends? — The bill increases government spending by expanding the liability of federal, state, and local entities for monetary damages.
- 1/27/2026
- 1 Cosponsor added.
- 1/12/2026
- 1 Cosponsor added.
- 11/18/2025
- Read twice and referred to the Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Tammy DuckworthDemocrat · Illinois
Jeff MerkleyDemocrat · Oregon
Alex PadillaDemocrat · California