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WV SB757

Bill

Status

Introduced

3/14/2025

Primary Sponsor

Joey Garcia

Click for details

Origin

Senate

2025 Regular Session

AI Summary

  • 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

  • Permits injured parties to seek compensatory, nominal, and punitive damages through lawsuits, suits in equity, or other legal proceedings

  • Limits actions against judicial officers by prohibiting injunctive relief unless a declaratory decree was violated or declaratory relief was unavailable

  • Allows courts discretion to award prevailing parties reasonable attorney's fees and court costs, including expert witness fees

  • 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

Committee Referrals

Judiciary3/14/2025

Full Bill Text

No bill text available