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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0332*
HOUSE BILL 332
D3 6lr1787
CF 6lr2224
By: Delegate Charkoudian
Introduced and read first time: January 19, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Violation of Constitutional Rights 2
(No Kings Act) 3
FOR the purpose of establishing certain civil liability for an individual who, under color of 4
law, deprives another of a right, a privilege, or an immunity secured by the U.S. 5
Constitution; and generally relating to civil liability for the deprivation of 6
Constitutional rights. 7
BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 3–2701 and 3 –2702 to be under the new subtitle “Subtitle 27. Action for 10
Deprivation of Constitutional Rights” 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2025 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Courts and Judicial Proceedings 16
SUBTITLE 27. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS. 17
3–2701. 18
IN THIS SUBTITLE, “LAW” INCLUDES: 19
(1) THE U.S. CONSTITUTION; 20
(2) THE MARYLAND DECLARATION OF RIGHTS; 21
2 HOUSE BILL 332
(3) THE MARYLAND CONSTITUTION; 1
(4) THE LAWS OF THE UNITED STATES; AND 2
(5) THE LAWS OF MARYLAND. 3
3–2702. 4
(A) (1) AN AGGRIEVED PARTY MAY BRING AN ACTION AGAINST AN 5
INDIVIDUAL WHO , UNDER COLOR OF LAW , DEPRIVES THE AGGRIEVED PARTY OR 6
CAUSES OR ALLOWS THE AGGRIEVED PARTY TO BE DEPRIVED OF A RIGHT , A 7
PRIVILEGE, OR AN IMMUNITY SECURED BY THE U.S. CONSTITUTION. 8
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, IN AN ACTION 9
UNDER THIS SECTION , AN AGGRIEVED PARTY MAY SEEK DAMAGES AND 10
DECLARATORY AND INJUNCTIVE RELIEF. 11
(3) IN AN ACTION UNDER THIS SECTION AGAINST A JUDICIAL 12
OFFICER, INJUNCTIVE RELIEF IS AVAILABLE ONLY IF A DECLARATORY JUDGMENT 13
IS VIOLATED OR DECLARATORY RELIEF IS UNAVAILABLE. 14
(B) (1) A DEFENDANT IN AN ACTION UNDER THIS SECTION MAY ASSERT A 15
DEFENSE OF ABSOLUTE OR QUALIFIED IMMUNIT Y TO THE SAME EXTENT AS A 16
PERSON SUED UNDER 42 U.S.C. § 1983 UNDER LIKE CIRCUMSTANCES. 17
(2) THIS SECTION MAY NOT BE CONSTRUED TO WAIVE OR ABROGATE 18
ANY DEFENSE OF SOVEREIGN IMMUNITY OTHERWISE AVAILABLE. 19
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 20
COURT MAY AWARD REAS ONABLE FEES AND COST S, INCLUDING ATTORNEY’S FEES 21
AND EXPERT WITNESS FEES, TO A PREVAILING PLAINTIFF UNDER THIS SECTION. 22
(2) A COURT MAY NOT AWARD FEES OR COSTS UNDER THIS SECTION 23
AGAINST A JUDICIAL O FFICER UNLESS THE JUDICIAL OFFICER ACTED CLEARLY IN 24
EXCESS OF THE JUDICIAL OFFICER’S JURISDICTION. 25
(D) AN ACTION UNDER THIS SE CTION SHALL BE FILED WITHIN 3 YEARS 26
AFTER THE CAUSE OF ACTION ACCRUES. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to any 28
civil action pending on the effective date of this Act. 29
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31