Bill would let state courts hear suits against federal employees; supporters call it access to remedies

Representative Ellen Reed introduced HB1634, which would permit state-law claims to be brought against federal employees in state court so that state-law remedies and constitutional claims can be litigated there. Reed framed the measure as restoring "the right of action" for people harmed by federal officials, noting that the bill does not expand substantive rights or regulate federal operations but rather creates a state-court procedural path.

Alastair Whitney of the Institute for Justice testified that the bill is a measured state-law response to gaps in remedies when federal officers commit misconduct. He said the bill does not create new federal duties but offers a state cause of action that complements federal remedies such as the Federal Tort Claims Act and 42 U.S.C. a7 1983.

Questions from committee members focused on supremacy-clause limits, whether state courts could relitigate matters decided in federal court, and the possibility of removal to federal court. Whitney said defendants could remove to federal court in many cases, and whether federal courts would apply state-created causes of action after removal would be a matter of further litigation and constitutional doctrine.

The committee closed the hearing with testimony invited from both proponents and opponents; no committee vote was recorded during the session.