SB 103
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 103 establishes a legal pathway for individuals to sue when their rights, as guaranteed by the West Virginia Constitution or state laws, are unlawfully taken away. This bill creates a ‘private cause of action,’ allowing people to seek compensation through the courts for such deprivations. The bill outlines potential penalties and allows courts to award attorney’s fees and court costs in successful lawsuits. It also includes exceptions for lawsuits against judicial officers.
Key provisions
- Creates a private cause of action for the deprivation of rights.
- Allows for compensatory, nominal, and punitive damages in lawsuits.
- Provides for the recovery of reasonable attorney’s fees and court costs.
- Specifies that injunctive relief may not be granted against judicial officers unless specific violations occur.
- Defines the types of actions that can trigger the private cause of action (state statutes, rules, and ordinances).
Who is affected
- Citizens of West Virginia
- Individuals within West Virginia’s jurisdiction
- Government entities (state, county, and municipal)
- Legal professionals (attorneys)
- Judicial officers
Notable changes
- Establishes a new legal mechanism for redress when rights are violated.
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