Virginia 2022 Regular Session

Virginia House Bill HB609

Introduced
1/11/22  

Caption

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.

Companion Bills

No companion bills found.

Previously Filed As

VA H0829

Civil Actions for Deprivation of Rights, Privileges, or Immunities

VA HB2641

Relating to a civil action for deprivation of rights.

VA SB96

Creating the crime of deprivation of rights under color of law and providing a civil action for victims.

VA SB186

Creating the crime of deprivation of rights under color of law and providing a civil action for victims.

VA HB614

Relating to a cause of action for deprivation of certain rights, privileges, or immunities under color of law.

VA SB575

Relating to the creation of a cause of action for deprivation of rights and the waiver of immunity.

VA HB2917

Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; effective date.

VA HB1631

Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; codification; effective date.

VA HB1631

Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; codification; effective date.

VA H5223

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.

Similar Bills

No similar bills found.