Plain English Breakdown
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SB103 • 2026
Creating private cause of action for deprivation of right granted by state constitution or by state law
Creating private cause of action for deprivation of right granted by state constitution or by state law
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-01-14
S
To Judiciary
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2026-01-14
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Introduced in Senate
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2026-01-14
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To Judiciary then Finance
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2026-01-14
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Filed for introduction
Official Summary Text
Creating private cause of action for deprivation of right granted by state constitution or by state law
Current Bill Text
Read the full stored bill text
SB 103 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version Senate Bill 103 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced Senate Bill 103 By Senator Garcia [Introduced January 14, 2026; referred to the Committee on the Judiciary; and then to the Committee on Finance] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §55-7-33, relating to actions for injuries; creating a private cause of action for the deprivation of a right granted by the state constitution or by state law; creating penalties; and providing for court costs and certain fees. Be it enacted by the Legislature of West Virginia: Article 7. Actions for Injuries. §55-7-33. Private cause of action for deprivation of rights under West Virginia law. (a) Every person who, under color of any state statute, state rule, or county or municipal ordinance, subjects, or causes to be subjected, any citizen of the State of West Virginia or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the West Virginia Constitution and laws of the state, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, including compensatory, nominal, and punitive damages, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. (b) In a private cause of action brought pursuant to this section, the court, in its discretion, may allow the prevailing party reasonable attorney's fees and court costs, including but not limited to expert fees. NOTE: The purpose of this bill is to create a private cause of action for the deprivation of rights granted by the state constitution or by state law. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: