Bill > H7352

This bill, titled the "Rhode Island Civil Rights Enforcement Act," establishes a new legal pathway for individuals to seek redress when their rights, as guaranteed by the Rhode Island or U.S. Constitutions and laws, are violated by state government entities or their subdivisions. It defines an "aggrieved party" as anyone within Rhode Island whose constitutional rights are violated and a "governmental entity" broadly to include the state, its municipalities, quasi-state entities, other U.S. states, the U.S. federal government, and even foreign nations. The bill allows aggrieved individuals to sue the governmental entity directly for harm caused by its employees acting within their official capacity, even if those employees have immunity, and waives sovereign immunity for the state and its subdivisions in such cases, though judicial and legislative immunity remain. It also permits lawsuits against governmental entities for harm caused by their own statutes, ordinances, or customs. While allowing for various remedies like injunctions and compensatory damages, it caps compensatory damages against the state and its subdivisions at $500,000 unless the conduct was intentional, willful, malicious, or done in reckless disregard of rights, or if the governmental entity was performing a proprietary function; this cap will be adjusted annually for inflation. Prevailing parties can also recover attorney fees and costs, and lawsuits must be filed within three years of the violation. Additionally, the Attorney General is empowered to bring civil actions to enforce the act.

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