Bill > H7202

This bill establishes the "Rhode Island Federal Constitution defense act," creating a new legal pathway in Rhode Island for individuals to sue those acting under federal authority if their rights guaranteed by the U.S. Constitution are violated. Specifically, it allows people to take legal action, whether in a lawsuit or other court proceedings, against individuals who, while acting as federal officials, deprive any person within Rhode Island of their constitutional rights or interfere with those rights through threats or coercion. Importantly, this act explicitly states that any immunities typically granted under Rhode Island law or common law will not protect these federal officials from such lawsuits, and it also aims to disregard federal immunities as much as the U.S. Constitution allows. The bill sets a three-year statute of limitations for these cases, with provisions for individuals under a disability, and mandates that prevailing plaintiffs will receive reasonable attorneys' fees and costs, deeming a plaintiff successful if their lawsuit was a significant factor in achieving the desired outcome. This new cause of action is considered an action for a violation of the U.S. Constitution for the purposes of federal law, but it does not impose any new duties on federal officials beyond what the Constitution already requires.

Justice

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