CIVIL SUIT: CONSTITUTIONAL RIGHTS

Plain English Breakdown

The official status shows 'Passed Legislature' but also lists a recent referral date in 2026; the effective date is unknown until executive action occurs.

HB 349: Civil Suits for Violating Constitutional Rights

This bill allows people to sue federal officials in Alaska state courts if those officials deprive them of, or interfere with, rights secured by the U.S. Constitution or the Alaska State Constitution.

What This Bill Does

• Creates a new law allowing civil lawsuits for damages and court orders when a person's constitutional rights are deprived, interfered with, or attempted to be interfered with by federal officials acting under color of law.
• Gives Alaska state courts the authority to hear these cases if the defendant is served according to Alaska Rules of Civil Procedure.
• Requires that lawsuits filed under this new section must be brought in superior court.
• Sets a two-year time limit for starting lawsuits related to interference or deprivation of rights secured by AS 09.65.360.

Who It Names or Affects

• People who believe their U.S. or Alaska constitutional rights have been violated, interfered with, or attempted to be interfered with.
• Federal officials acting under color of law whose actions are challenged in court.
• Alaska superior courts that will hear these new types of cases.

Terms To Know

Civil action

A lawsuit filed to seek damages or other relief, such as a court order stopping an action.

Injunctive relief

A type of appropriate relief where the court orders someone to stop doing something or take specific action.

Acting under color of law

When a federal official uses their government power while performing their job duties, even if they break rules in the process.

Limits and Unknowns

• The bill only applies to lawsuits filed on or after its effective date.
• The text does not specify what happens if a federal official cannot be found for service of process beyond general state rules.
• The exact amount of money damages available is not defined in this excerpt.

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

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