Bill > SB103

This bill establishes a new legal pathway, known as a "private cause of action," allowing individuals to sue if their rights, as guaranteed by the West Virginia Constitution or state laws, are violated. This means that if someone is deprived of these rights, either by the actions of a government official acting under state law, rule, or local ordinance, or by any other means that violates these protections, they can seek legal remedies. These remedies can include financial compensation for their losses (compensatory damages), symbolic damages (nominal damages), and even damages intended to punish the wrongdoer (punitive damages). The bill also includes a specific limitation for lawsuits against judicial officers, preventing injunctive relief (an order to stop doing something) unless a prior court order has been ignored or other legal options are unavailable. Furthermore, if a person successfully wins a case brought under this new law, the court has the discretion to award them reasonable attorney fees and court costs, which can include the cost of expert witnesses.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=103&year=2026&sessiontype=RS&btype=bill