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WV SB757
Bill
Status
3/14/2025
Primary Sponsor
Joey Garcia
Click for details
AI Summary
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Creates a new private cause of action allowing individuals to sue any person who, acting under authority of state statute, rule, or local ordinance, deprives them of rights secured by the West Virginia Constitution or state laws
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Permits injured parties to seek compensatory, nominal, and punitive damages through lawsuits, suits in equity, or other legal proceedings
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Limits actions against judicial officers by prohibiting injunctive relief unless a declaratory decree was violated or declaratory relief was unavailable
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Allows courts discretion to award prevailing parties reasonable attorney's fees and court costs, including expert witness fees
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Modeled after the federal civil rights statute (42 U.S.C. § 1983) but applied to state constitutional and statutory rights violations
Legislative Description
Creating private cause of action for deprivation of right granted by state constitution or by state law
Actions, Suits and Liens
Last Action
To Judiciary
3/14/2025