Bill > HB5473

This bill establishes a civil remedy in West Virginia law allowing individuals to sue federal officers or employees for violating their constitutional rights, specifically when those actions are taken outside the scope of their official duties. The bill clarifies that "outside the scope of employment" means the conduct violates the U.S. Constitution or exceeds lawful federal authority, and it is intended to provide a remedy when federal law, such as 28 U.S.C. § 2679 (which generally protects federal employees from personal liability by substituting the U.S. government as the defendant), does not apply or is found not to apply by a court. This means that if a federal official acts unconstitutionally and is not covered by federal protections, West Virginia residents can seek relief in state courts.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5473&year=2026&sessiontype=RS&btype=bill