Civil action for deprivation of rights; liability of persons acting under color of law.

Plain English Breakdown

The official source material does not provide details on enforcement or interpretation by courts, leaving some uncertainty.

Civil Action for Rights Deprivation

This bill creates a new state law that allows individuals who have had their constitutional or legal rights violated by someone working for the government to sue for damages and other relief.

What This Bill Does

• Creates a way for individuals to sue when their constitutional or legal rights are violated by someone acting under color of law.
• Allows victims to get money, like compensation and punishment costs, if they win the lawsuit.
• Requires courts to consider certain factors before awarding punitive damages, such as whether the person was wearing proper identification or using crowd control equipment improperly.
• Lets people sue not just the person who violated their rights but also any supervisors responsible for that person's actions.

Who It Names or Affects

• People whose constitutional or legal rights are violated by someone acting under color of law.
• Government officials and law enforcement officers accused of violating others' rights.
• Courts handling these types of lawsuits.

Terms To Know

Civil cause of action

A reason to sue in court based on a legal wrong, like having your rights taken away.

Punitive damages

Money awarded by a court to punish someone who has acted very badly and to set an example for others.

Limits and Unknowns

• The bill does not specify what happens if the lawsuit is filed after four years from when the violation occurred.
• It's unclear how this law will be enforced or interpreted by courts in specific cases.

Official Summary Text

Civil action for deprivation of rights; liability of persons acting under color of law.
Creates a state civil cause of action for violations of rights guaranteed by the constitutions or laws of the United States and the Commonwealth. The bill provides that a person acting under color of law who deprives an individual of such rights and any supervisor of such person who is responsible for directing or overseeing such person's conduct shall be liable to such individual for compensatory damages, punitive damages, equitable relief, and reasonable attorney fees and costs.

Current Bill Text

A BILL to amend the Code of Virginia by adding a section numbered
8.01-42.7
, relating to civil action for deprivation of rights; liability of persons acting under color of law.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
8.01-42.7
as follows:

§
8.01-42
.
7
.
Civil action for deprivation of rights.

A.
Any
individual
who has been deprived of any rights, privileges, or immunities granted to such
individual
under the constitutions
or
laws of the
United States and the Commonwealth by a person acting under color of law
has a civil cause of
action against such person for compensatory damages, punitive damages, and equitable relief.
If the plaintiff prevails in such action, the court may award reasonable attorney fees and costs in
addition to any monetary damages or injunctive relief.

B.
When determining whether
to award the plaintiff punitive damages, the
finder of fact
shall consider

whethe
r, at the time of the conduct that resulted in the alleged injury,
the defendant
:

1.
Was wearing

a facial c
overing;

2.
Failed
to identify or disclose that he was a law-enforcement officer

verbally

or
by
wearing
a

badge, insignia, or other marking
upon his person;

3.
Failed to wear a body-worn camera in violation of
the policy of such defendant's employing law-enforcement agency;

4. Was operating or using
a motor vehicle without a license plate or with an out-of-state license plate;

5. Was using crowd control equipment; or

6.
Intentionally violated or intentionally failed to comply with any material term or condition of a court order
that (i)
was in effect at the time of the conduct resulting in the alleged injury; (ii) applied
to such defendant while acting under the color of law; and (iii) was issued in part or in whole to address or prevent
such conduct that resulted in such alleged injury.

C.
An individual
who brings an action for deprivation
of rights, privileges, or immunities against a person acting under color of law pursuant to this section
may also name in
such
action
a
ny supervisor
responsible for
directing
or overseeing the conduct of
a person acting under color of law
.

D.
An action brought pursuant to this section shall be commenced within
four
years of an alleged violation pursuant to subsection
A.