Iowa House Bill HF2434

Iowa 2023-2024 Regular Session

• Introduced: 2/12/24
• Refer: 2/12/24

Caption

A bill for an act creating a cause of action for the violation of individual rights under state or federal law.

Impact

If enacted, HF2434 would significantly modify the legal landscape regarding accountability for federal actions within Iowa. Specifically, it empowers individuals who believe their rights have been violated by federal entities to seek redress through state courts, potentially increasing the legal responsibilities of federal employees and contractors. This change is designed to provide better protection for individual rights, making it easier for residents to challenge federal actions that they feel infringe upon their rights. Moreover, the bill allows courts to award reasonable attorney fees to successful plaintiffs, which could incentivize more individuals to pursue claims.

Summary

House File 2434, proposed by Representative Thomson, seeks to create a legal framework that allows individuals to pursue a cause of action against federal government employees or contractors for violations of rights under state or federal law. The bill stipulates that if a federal employee or contractor violates a right under any applicable law while acting under the authority of federal statutes, they can be held liable for damages. The burden of proof for such violations rests with the plaintiff, who must establish their claim by a preponderance of evidence.

Contention

There are notable points of contention surrounding HF2434. Critics argue that the bill may lead to an overwhelming number of frivolous lawsuits against federal employees, which could not only strain the judicial system but also deter public servants from performing their duties effectively. Supporters of the bill counter that it is necessary to hold federal employees accountable for their actions and to ensure that individuals can seek justice when their rights are infringed upon by the federal government. Thus, the debate centers on the balance between accountability for rights violations and the potential for the bill to create barriers to effective governance by federal entities.