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ND HB1138
Bill
Status
1/8/2021
Primary Sponsor
Tom Kading
Click for details
AI Summary
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Individuals may bring civil actions in district court against the state, political subdivisions, or their employees for violations of section 4 of article I of the North Dakota Constitution (free speech provision)
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The state or political subdivision is liable for treble damages covering compensatory, consequential, and incidental damages
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Courts may award punitive damages with a standard of mere negligence, rather than a higher threshold
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Employees acting within their scope of employment can be named as defendants in such civil actions
Legislative Description
A BILL for an Act to provide for a civil action against the state or a political subdivision for a state constitutional free speech violation.
Last Action
Second reading, failed to pass, yeas 28 nays 66
2/10/2021