The Fight Unlawful Conduct and Keep Individuals and Communities Empowered Act establishes a legal framework allowing individuals to file civil actions against those who violate the U.S. Constitution during civil immigration enforcement. The bill permits any person to bring a lawsuit against individuals who knowingly engage in unconstitutional conduct while enforcing immigration laws. If successful, plaintiffs can receive monetary damages, including punitive damages, compensation for psychological or physical harm, and coverage for reasonable attorney fees and costs, regardless of any other legal claims they may have.
The bill outlines specific factors to be considered when determining the reprehensibility of a person's conduct in cases involving punitive damages. These factors include whether the individual wore a facial covering, whether they were a law enforcement officer who failed to identify themselves, whether they used a body-worn camera as required, and whether they employed crowd control equipment. Additionally, the bill states that qualified immunity can be used as a defense against liability under this act.