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MD HB332

MD HB332
Civil Actions - Violation of Constitutional Rights (No Kings Act)


summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Establishing certain civil liability for an individual who, under color of law, deprives another of a right, a privilege, or an immunity secured by the U.S. Constitution.

AI Summary

This bill, also known as the "No Kings Act," establishes a new legal pathway for individuals in Maryland to sue if they believe their constitutional rights have been violated by someone acting under the authority of law. The bill defines "law" broadly to include the U.S. Constitution, the Maryland Declaration of Rights, the Maryland Constitution, and federal and state statutes. Under this new law, an "aggrieved party" can bring a civil action against an individual who, while acting "under color of law" (meaning while exercising official authority), deprives them of a right, privilege, or immunity guaranteed by the U.S. Constitution. The aggrieved party can seek monetary damages, as well as court orders to prevent future violations (declaratory and injunctive relief), though injunctive relief against judicial officers is limited. Defendants in such cases can raise defenses like absolute or qualified immunity, similar to how they would in a lawsuit brought under federal law (specifically, 42 U.S.C. § 1983), and the bill clarifies that it does not waive sovereign immunity. If successful, the prevailing plaintiff can be awarded reasonable attorney's fees and costs, unless the lawsuit is against a judicial officer who did not act clearly beyond their authority. These actions must be filed within three years of the violation, and the law will apply to civil actions pending on its effective date of October 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

House Judiciary Hearing (13:00:00 2/18/2026 ) (on 02/18/2026)

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