Committee advances bill to create state civil cause of action for federal constitutional violations
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Summary
The Judiciary Committee adopted amendments to Senate Bill 15 63 to create a state‑law civil cause of action for injuries caused by persons acting under color of law for violations of the U.S. Constitution; sponsors said the measure fills a gap for residents seeking redress against federal actors.
Senate Bill 15 63, as amended by the dash‑2 language, was adopted by the Senate Judiciary Committee and advanced to the floor with a due‑pass recommendation. The dash‑2 amendment replaces the introduced measure to focus on violations of the U.S. Constitution by any person acting under the color of law and provides an exception for causes of action already subject to 42 U.S.C. § 1983.
Tisha, the committee staffer, summarized the measure’s stated purpose: "It creates a civil cause of action for a person injured by a violation of the United States Constitution by any person acting under the color of law. It provides an exception for persons who are already subject to causes of action under 42 U.S.C. § 1983." Mayor Melanie Keebler of Bend, testifying remotely during the public hearing, said she supports the dash‑2 amendment, citing reports that federal immigration agents have at times detained people illegally and asserting that Oregon needs a state remedy: "This fix sends an important message to any federal agent operating in Oregon that you must uphold a resident's rights, and you will be held accountable in civil court if you do not." (Keebler is a former state prosecutor and victims' rights attorney.)
The committee discussed constitutional and supremacy‑clause issues and whether state causes of action could be subject to federal removal, but supporters said the bill fills a practical gap when federal redress is limited. Senator Broadman described the draft as a "gap filler" that would provide Oregonians an avenue to seek redress when federal causes of action are constrained by recent federal court decisions.
The committee adopted the dash‑2 amendment and voted to send SB 15 63 to the floor with a due‑pass recommendation. Votes on the motion were recorded in committee (aye votes recorded; several senators indicated they would file potential minority reports). The chair and sponsors noted that, in practice, many such claims may be removed to federal court but the state cause of action gives Oregonians an additional route for relief.
The bill will next proceed to the Senate floor, where further debate and potential legal challenges are expected given interplay with federal law.
