Civil action for the deprivation of rights; duties and liabilities of certain employers.
Impact
One of the critical aspects of HB609 is its waiver of sovereign immunity, allowing individuals to sue public employers for actions that deprive parties of their constitutional rights. The bill states that public employers and employees cannot use sovereign immunity as a defense in such cases. This legislative change significantly alters the landscape of liability for public employers in Virginia, exposing them to more civil suits than previously permissible under sovereign immunity protections.
Summary
House Bill 609 addresses civil actions for the deprivation of rights by public employers and their employees. The bill defines 'public employer' broadly, encompassing the Commonwealth of Virginia, state agencies, political subdivisions, and private entities contracted for public services. It establishes a framework for individuals to pursue legal recourse if they believe their constitutional rights have been violated by public entities or their employees, allowing them to seek compensatory and punitive damages, alongside equitable relief.
Contention
Notably, the legislation stipulates that if an employee acts within the scope of employment in a lawful manner, the public employer is liable, while caps are placed on personal liability for the employee. Critics of the bill may argue that it could lead to an influx of frivolous lawsuits against public officials, thus complicating their roles and responsibilities. Meanwhile, proponents assert that it holds public entities accountable for any wrongful deprivation of rights, ensuring justice for aggrieved individuals.
Provides a remedy for any harm caused due to deprivation or violation of rights secured by the Rhode Island Constitution due to acts of the State of Rhode Island.