Civil Liberties

You Can Now Sue Federal Agents in California. Good Luck Getting Past Qualified Immunity.

Californians can now sue federal officers for civil rights violations, but cops can still claim qualified immunity as a bona fide defense for official misconduct.

Tosin Akintola | 9.30.2026 2:34 PM

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(Illustration: Kelly Kimball/ZUMAPRESS/Newscom/Brandon Bourdages/Dreamstime.)

On Tuesday, California Democratic Gov. Gavin Newsom signed the No Kings Act (SB 747) into law, allowing Golden State residents to sue "every natural person who, under color of any law," violates their constitutional rights. 

Under the law—sponsored by state Sen. Scott Wiener (D–San Francisco)—government actors accused of violating a California resident's constitutional rights can no longer avoid accountability simply because they are federal rather than state or local officials. The bill does not eliminate qualified immunity. 

Qualified immunity—a judicial doctrine created by the Supreme Court—protects government officials from personal liability for civil damages if the act occurs while they are performing their duty. In Harlow v. Fitzgerald (1982), the Court established that government officials are entitled to qualified immunity when their conduct does not "violate clearly established constitutional........

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