Bill > SB346

This bill, also known as the "No Kings Act," establishes a new legal pathway for individuals to sue if they believe their constitutional rights have been violated by someone acting under the authority of law. It defines "law" broadly to include the U.S. Constitution, the Maryland Declaration of Rights, the Maryland Constitution, and federal and state statutes. Under this bill, 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 bill allows for damages, declaratory relief (a court ruling on the legality of an action), and injunctive relief (a court order to do or stop doing something), with specific limitations for judicial officers. Defendants can raise defenses like absolute or qualified immunity, similar to those available in lawsuits under federal law (specifically referencing 42 U.S.C. § 1983, a federal statute that allows individuals to sue government officials for constitutional violations), and the bill does not waive sovereign immunity. Prevailing plaintiffs can generally recover reasonable attorney and expert witness fees, unless the lawsuit is against a judicial officer who did not act clearly outside their jurisdiction. These actions must be filed within three years of the cause of action occurring, and the bill applies to civil actions pending on its effective date of October 1, 2026.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0346?ys=2026RS