Bill > HB1314

This bill establishes a new state civil lawsuit, allowing individuals to sue if their rights, guaranteed by the U.S. Constitution or federal laws, or the Constitution or laws of Virginia, are violated by someone acting "under color of law," meaning someone acting with the authority of the government, such as a police officer. The bill specifies that not only the individual who directly violated the rights can be sued, but also any supervisor responsible for directing or overseeing that person's actions. If the lawsuit is successful, the court can award compensatory damages (to cover losses), punitive damages (to punish wrongdoing), equitable relief (like court orders to stop certain actions), and reasonable attorney fees and costs. The bill also outlines specific factors the court should consider when deciding whether to award punitive damages, such as whether the defendant was wearing a facial covering, failed to identify themselves as law enforcement, didn't use a body camera as required by their agency's policy, used a vehicle without proper plates, used crowd control equipment, or intentionally violated a court order designed to prevent such conduct. Lawsuits under this bill must be filed within four years of the alleged violation.

Justice

https://lis.virginia.gov/bill-details/20261/HB1314