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WV HB5473
Bill
Status
2/12/2026
Primary Sponsor
Sean Hornbuckle
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AI Summary
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Creates a new civil cause of action in West Virginia allowing individuals to sue federal officers or employees who violate their constitutional rights while acting outside the scope of federal employment
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Defines conduct as "outside the scope of employment" when it violates the U.S. Constitution or exceeds authority lawfully delegated under federal law
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Applies only when the federal government cannot be substituted as defendant under 28 U.S.C. § 2679(d), or when a court determines the officer was not acting within employment scope
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Does not authorize lawsuits against the United States government or waive federal sovereign immunity
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Adds new section §55-2-23 to the West Virginia Code under the Limitation of Actions and Suits article
Legislative Description
Relating to providing a civil remedy when a federal officer or employee violates a constitutional right.
Courts
Last Action
To House Judiciary
2/12/2026