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House Judiciary Committee takes up H.849 to create state cause of action for constitutional violations
Summary
The House Judiciary Committee examined H.849, a short-form bill modeled on Section 1983 that would let Vermonters sue state, local or federal officials in Vermont courts for violations of the U.S. Constitution; ACLU witnesses urged adoption and recommended adding attorney‑fee language, while counsel warned of likely legal challenges.
Montpelier — The House Judiciary Committee on H.849 heard a legislative‑counsel walkthrough and testimony from ACLU witnesses on a short‑form bill that would create a state cause of action for money damages and equitable relief against officials who violate the U.S. Constitution.
Hillary Cheddar Ames, legislative counsel, told the committee the draft (version 1.1) would add a new chapter to Title 12 creating a civil action for the deprivation of constitutional rights. “A cause of action is permission to go to court,” Ames said, explaining the draft is modeled on the federal statute commonly known as Section 1983 (42 U.S.C. § 1983) but would extend similar remedies to permit suits against federal officials as well as state and local officials.
The proposal would let “any citizen of the state of Vermont or other person within the jurisdiction of the state of Vermont” bring a claim when an official acting under color of law deprives someone of…
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