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WV HB5473

Bill

Status

Introduced

2/12/2026

Primary Sponsor

Sean Hornbuckle

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • 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

  • Defines conduct as "outside the scope of employment" when it violates the U.S. Constitution or exceeds authority lawfully delegated under federal law

  • 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

  • Does not authorize lawsuits against the United States government or waive federal sovereign immunity

  • 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

Committee Referrals

Judiciary2/12/2026

Full Bill Text

No bill text available