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Legal experts tell Judiciary committee H.849 could invite federal challenges
Summary
Witnesses and the Attorney General's civil‑rights co‑director warned H.849 (a state measure modeled on 42 U.S.C. —71983/Bivens) would create a new private right of action that could prompt federal litigation and preemption arguments; the committee sought comparative research before moving forward.
The House Judiciary Committee turned Feb. 20 to H.849, a proposed state law modeled on federal civil‑rights remedies. Tom Plurday, identified as chief superior judge, and Julio Thompson, assistant attorney general and co‑director of the Civil Rights Unit, told the panel the measure would allow state‑court suits against officials and could be litigated quickly in federal court.
Thompson warned the bill would effectively create "a new right" to sue federal employees…
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