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HB349 • 2026

CIVIL SUIT: CONSTITUTIONAL RIGHTS

An Act relating to civil liability for depriving a person of a right, privilege, or immunity secured by the United States Constitution.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
REPRESENTATIVE FIELDS
Last action
2026-02-23
Official status
(H) JUD
Effective date
Not listed

Plain English Breakdown

The candidate explanation incorrectly states that the act only applies to federal officials, while the bill summary and digest are vague about who can bring a civil action.

Civil Suit for Constitutional Rights

This act allows people to sue federal officials if their constitutional rights, privileges, or immunities are violated while those officials are performing their duties.

What This Bill Does

  • Allows someone to file a lawsuit if they believe their constitutional rights were taken away by a federal official doing their job.
  • Gives courts the power to hear cases where someone's constitutional rights have been interfered with.
  • Requires that these lawsuits be filed in Alaska’s superior court.

Who It Names or Affects

  • People who think their constitutional rights have been violated
  • Federal officials accused of violating someone's constitutional rights

Terms To Know

Civil action
A lawsuit between individuals or organizations, not involving criminal charges.
Constitutional rights
Rights protected by the U.S. Constitution and Alaska’s state constitution.

Limits and Unknowns

  • The bill does not specify what happens if someone tries to sue before this act is in effect.
  • It's unclear how much it will cost to file these types of lawsuits.
  • The bill doesn't explain who pays for damages awarded by the court.

Bill History

  1. 2026-02-23 1688

    (H) REFERRED TO JUDICIARY

  2. 2026-02-23 1688

    (H) JUD, STA

  3. 2026-02-23 1688

    (H) READ THE FIRST TIME - REFERRALS

Official Summary Text

CIVIL SUIT: CONSTITUTIONAL RIGHTS
An Act relating to civil liability for depriving a person of a right, privilege, or immunity secured by the United States Constitution.

Current Bill Text

Read the full stored bill text 
HB0349a -1- HB 349
New Text Underlined [DELETED TEXT BRACKETED]

34-LS1417\A

HOUSE BILL NO. 349

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY REPRESENTATIVE FIELDS

Introduced: 2/23/26
Referred: Judiciary, State Affairs

A BILL

FOR AN ACT ENTITLED

"An Act relating to civil liability for depriving a person of a right, privilege, or 1
immunity secured by the United States Constitution." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 09.10.070(a) is amended to read: 4
(a) Except as otherwise provided by law, a person may not bring an action (1) 5
for libel, slander, assault, battery, seduction, or false imprisonment; [,] (2) for personal 6
injury or death, or injury to the rights of another not arising on contract and not 7
specifically provided otherwise; (3) for taking, detaining, or injuring personal 8
property, including an action for its specific recovery; (4) upon a statute for a 9
forfeiture or penalty to the state; [OR] (5) upon a liability created by statute, other than 10
a penalty or forfeiture; or (6) for interference or attempted interference with, or 11
deprivation of, a right, privilege, or immunity under AS 09.65.360; unless the 12
action is commenced within two years of the accrual of the cause of action. 13
* Sec. 2. AS 09.65 is amended by adding a new section to read: 14
34-LS1417\A
HB 349 -2- HB0349a
New Text Underlined [DELETED TEXT BRACKETED]

Sec. 09.65.360. Liability for deprivation or interference with a 1
constitutional right. (a) A person who has been deprived of a right, privilege, or 2
immunity secured by the United States Constitution or the Constitution of the State of 3
Alaska, or a person whose exercise or enjoyment of a right, privilege, or immunity has 4
been interfered with or attempted to be interfered with by a federal official acting 5
under color of law, may bring a civil action for damages and for injunctive or other 6
appropriate relief. 7
(b) A court of this state has jurisdiction under AS 09.05.015(a) over the 8
subject matter of an action brought under this section and a person who is served in 9
that action according to the Alaska Rules of Civil Procedure. An action brought under 10
this section must be filed in the superior court. 11
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 12
read: 13
APPLICABILITY: This Act applies to actions that are filed in a court of this state on 14
or after the effective date of this Act. 15