SB 757
Creating private cause of action for deprivation of right granted by state constitution or by state law
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
Senate Bill 757 would establish a legal pathway for individuals to sue state and local government entities if they believe their rights, as guaranteed by the West Virginia Constitution or state laws, have been unlawfully denied. This bill creates a ‘private cause of action,’ allowing people to seek compensation, including punitive damages, for such violations. The bill also outlines provisions for attorney’s fees and court costs in successful lawsuits. It specifically excludes lawsuits against judicial officers, limiting remedies to injunctive relief only when a prior declaratory decree has been violated.
Key provisions
- Creates a private cause of action for deprivation of rights under West Virginia law.
- Allows for compensatory, nominal, and punitive damages in successful lawsuits.
- Provides for attorney’s fees and court costs for the prevailing party.
- Excludes lawsuits against judicial officers, limiting remedies to injunctive relief.
- Covers rights secured by the West Virginia Constitution and state laws.
- Applies to actions taken under color of state statutes, rules, or local ordinances.
Who is affected
- Citizens of West Virginia
- Individuals within West Virginia jurisdiction
- State government entities
- County governments
- Municipal governments
Notable changes
- Establishes a new legal mechanism for challenging government actions that violate rights.
- Allows for punitive damages in addition to compensatory and nominal damages.
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