Progressive Lawmakers Offer Unwitting Path for January 6 Prisoners to Sue Federal Government

Some of the most progressive Democrats in Congress are supporting new legislation that could help an unexpected group: those who were arrested and imprisoned without trial for playing a role in the Jan. 6 Capitol riot.

Democratic Reps. Hank Johnson (Ga.) and Jamie Raskin (Md.) on Wednesday reintroduced the Bivens Act, which would allow citizens to recover damages for constitutional violations committed against them by federal law enforcement officials.

The bill, which the lawmakers first introduced last year, seeks “to provide a civil remedy for an individual whose rights have been violated by a person acting under federal authority.” It would do this by adding five words — “of the United States or” — to a longstanding provision enacted in 1871, known as Section 1983, which gives individuals the right to sue state or local officials who violate their civil and constitutional rights. The additional words would include federal officials in the statute.

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