HB 5473
Relating to providing a civil remedy when a federal officer or employee violates a constitutional right.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill creates a civil legal remedy in West Virginia for individuals whose constitutional rights are violated by a federal officer or employee acting outside the scope of their employment. It allows citizens to sue federal officials for violating their constitutional rights, particularly when the federal government is not an available defendant. The bill aims to provide a means for redress when federal actions exceed lawful authority and infringe upon constitutional protections.
Key provisions
- Establishes a civil cause of action against federal officers or employees.
- Defines ‘scope of employment’ as conduct violating the Constitution or exceeding lawfully delegated authority.
- Specifies that the remedy is available when the United States is not a viable defendant.
- Requires a court to determine if the federal officer or employee was acting within the scope of their employment.
- States that the legislature finds the Constitution of the United States is the supreme law of the land.
- Addresses the Supremacy Clause and the State’s interest in protecting citizens from unconstitutional conduct.
- Defines ‘acting under color of federal authority’.
Who is affected
- Citizens of West Virginia
- Other persons within West Virginia
- Federal officers
- Federal employees
- Attorneys
Notable changes
- Creates a new cause of action in West Virginia law.
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