AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION -- THE RHODE ISLAND FEDERAL CONSTITUTION DEFENSE ACT (Creates the Rhode Island Federal Constitution defense act.)

H7202

2026 -- H 7202
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LC004055
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
CAUSES OF ACTION -- THE RHODE ISLAND FEDERAL CONSTITUTION DEFENSE
ACT

Introduced By:
Representatives Potter, McEntee, Morales, Kislak, Sanchez, Speakman,
Ajello, Stewart, Cruz, and Giraldo

Date Introduced:
January 21, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby
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amended by adding thereto the following section:
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9-1-55. The Rhode Island Federal Constitution defense act -- Cause of action.

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(a) Any person or persons who, acting under color of any federal law subjects or causes to
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be subjected any person within the jurisdiction of the State of Rhode Island to a deprivation of any
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rights, privileges, or immunities secured by the Constitution of the United States, or whose exercise
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or enjoyment of those rights, privileges, or immunities has been interfered with or attempted to be
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interfered with, by threats, intimidation or coercion, shall be liable to the party injured in an action
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at law, suit in equity, or other proper proceeding for redress.
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(b) Immunities not applicable as a defense.
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(1) This act does not grant any immunities to a person or persons as a defense. Any
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immunity provided under Rhode Island general laws or recognized under state common law shall
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not apply and shall not be a defense to a cause of action brought under subsection (a) of this section.
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(2) As far as permissible under the Federal Constitution, any existing immunity provided
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against liability, damages, or attorneys' fees under federal law shall not apply to and shall not be a
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defense to a cause of action brought under subsection (a) of this section.
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(c) Notwithstanding the provisions of §§ 9-1-13 and 9-1-14, an action arising under this
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section shall be commenced within three (3) years of the occurrence of the incident which gave rise

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to the action; provided that, a person who is under disability by reason of age, mental incompetence,
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or otherwise, and on whose behalf no action is brought within the period of three (3) years from
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the time of the occurrence of the incident, shall bring the action within three (3) years from the
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removal of the disability.
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(d) In addition to any damages, injunction, declaration, or other equitable relief awarded in
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an action brought pursuant to this section, a court shall award reasonable attorneys' fees and costs
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to a prevailing plaintiff. In actions for injunctive relief, a court shall deem a plaintiff to have
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prevailed if the plaintiff's suit was a substantial factor or significant catalyst in obtaining the results
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sought by the litigation.
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(e)(1) An action under this section shall be deemed an action brought “for a violation of
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the Constitution of the United States” within the meaning of 28 U.S.C. § 2679(b)(2)(A).
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(2) This section shall not be construed to impose duties on federal officials beyond those
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already imposed by the United States Constitution.
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SECTION 2. This act shall take effect upon passage.
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LC004055
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
CAUSES OF ACTION -- THE RHODE ISLAND FEDERAL CONSTITUTION DEFENSE
ACT
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This act would create a Rhode Island civil cause of action allowing individuals to sue
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persons acting under color of federal law for violations of Federal Constitutional rights committed
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under color of federal law.
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This act would take effect upon passage.
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LC004055
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