State-Created Remedies for Federal Constitutional Violations

9
78B-3-1301
0
State-Created Remedies for Federal Constitutional Violations
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: Stephanie Pitcher
LONG TITLE
General Description:
This bill concerns a state-law remedy for a federal constitutional violation.
Highlighted Provisions:
This bill:
creates a state-law remedy for a federal constitutional violation committed by an
individual acting under federal, state, or local law;
provides for eligible damages;
contains a severability clause; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-3-1301
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
78B-3-1301
is enacted to read:
3. Civil Actions
13. Civil Action for Deprivation of Federal Constitutional Rights
78B-3-1301
. Civil action for deprivation of federal constitutional rights under
color of law.
(1)
(a)
Except as provided in Subsection
(3)
, a person who is a citizen of this state or
within the jurisdiction of this state, and is injured by an individual described in
Subsection
(1)(b)
, has a right of action against the individual described in Subsection
(1)(b)
for the relief described in Subsection
(2)
.
(b)
An individual who is acting as an employee or agent of a federal, state, or local
governmental entity, and who, under color of any statute, ordinance, regulation,
custom, or usage, of the United States, this state, or a political subdivision of this
state, subjects, or causes to be subjected, any citizen of this state, or any person
within the jurisdiction of this state, to the deprivation of any rights, privileges, or
immunities secured by the United States Constitution, is liable to the injured party.
(2)
(a)
Except as provided in Subsection
(2)(b)
, a person described in Subsection
(1)(a)

who is injured by an individual described in Subsection
(1)(b)
may be awarded
compensatory damages, equitable relief, and reasonable attorney fees and costs.
(b)
A person may not recover punitive damages in an action brought under this section.
(3)
A person does not have a right of action under this section if the person could seek relief
against an individual described in Subsection
(1)(b)
under 42 U.S.C. Sec. 1983 or any
other statutory scheme that provides a right of action for relief based on the violation of
a federal constitutional right.
(4)
Unless required by the United States Constitution, a right of action under this section
abrogates any and all immunities otherwise available to the individual described in
Subsection
(1)(b)
.
(5)
This section does not:
(a)
authorize a right of action against a federal, state, or local entity; or
(b)
regulate, restrict, or impose liability on a federal, state, or local entity.
(6)
This section only applies to a right of action that accrues on or after May 6, 2026.
(7)
The provisions of this section are severable, and if any subsection of this section or the
application of any subsection to any person or circumstance is held invalid by a final
decision of a court with jurisdiction, the remainder of this section shall be given effect
without the invalid subsection or application.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-20-26 9:40 AM