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House approves bill allowing Vermont suits for some constitutional violations; lawmakers press reporter on scope
Summary
After extended questioning about who could be sued and whether federal contractors or judges might be exposed, the House passed H.849, creating a state‑law cause of action for certain constitutional violations while preserving qualified immunity defenses and directing Vermont courts to consider federal § 1983 precedent.
The House passed H.849 on a third reading after extended floor interrogation about the bill’s scope and litigation risks.
The bill, described by the bill’s reporter as a state‑law pathway mirroring federal remedies, would allow Vermonters to seek damages and injunctive relief in state court where a federal, state or local official acting under color of law is found to have violated a person’s federal constitutional rights. The reporter told the chamber the measure would give Vermonters “the ability to sue for damages” and also allow injunctive relief.
Why it matters: Supporters said the bill gives people a clear remedy in state court when constitutional rights are violated; opponents warned it could expose many officials to suits…
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