2020
In 2020, the Virginia General Assembly passed House Bill 1514, which fundamentally changed how qualified immunity works at the state level.
What the law does
Virginia Code § 8.01-42.1 now allows individuals to:
- Sue law enforcement officers in Virginia state court
- For violations of the Virginia Constitution
- Without qualified immunity as a defense
2026
Yes. In the 2026 Virginia General Assembly session, there’s a bill that would effectively reduce or eliminate traditional qualified immunity protections for police officers and other government officials in state court.
Sue law enforcement officers in Virginia state court
For violations of the Virginia Constitution
Here’s what’s moving through the legislature:
- Introduced in the 2026 session.
- It creates a state-law civil cause of action allowing individuals to sue law enforcement officers and supervisors in Virginia state court for violations of constitutional or statutory rights when acting under color of law.
- By establishing that cause of action, the bill largely removes the traditional qualified immunity defense for those suits, exposing officers and supervisors to compensatory and punitive damages, equitable relief and attorney fees.
- It also includes a four-year statute of limitations.
There are related proposals affecting government liability more broadly:
- Seeks to limit sovereign immunity for local governments when they provide liability insurance or self-insurance.
- While not exactly the same as ending qualified immunity for individual officers, it could increase potential liability for localities in suits against officers.
Another bill tracked in the session (HB273) actually reinforces civil liability protections by immunizing officers from civil liability except for gross negligence or willful misconduct, showing there are competing ideas in play this year.
What this means
If HB1314 passes in anything like its current form, it would allow more lawsuits against officers in state court without the traditional qualified immunity shield — similar in concept to the 2020 reform but broader and tied to a standalone state cause of action rather than federal law.
Writing Your Legislator
If you would like to write your legislator about this bill, click here.
