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Sen. Hashim: H.849 would let Vermonters sue for federal constitutional violations in state court
Summary
Sen. Hashim said H.849 creates a state-court private right of action modeled on 42 U.S.C. §1983 to allow persons in Vermont to sue individuals acting under color of law — potentially including federal employees — for alleged U.S. constitutional violations; the Senate ordered third reading after debate and a roll-call vote of 23–7.
Sen. Hashim, the senator from Windham, presented H.849 to the floor, describing it as a statutory vehicle modeled on the federal statute 42 U.S.C. §1983 that would allow persons in Vermont to bring claims in state court for alleged violations of the U.S. Constitution by individuals acting "under color" of law.
"H.849 provides that path to relief in Vermont by committing lawsuits to be filed in State Court if the underlying claim involves a Federal constitutional violation," Hashim said, adding that plaintiffs could still initially file in federal court and defendants retain the right to remove a case to federal court.
Hashim walked senators through the bill's subsections, which define "color of law," preserve available federal defenses (including qualified and absolute immunity), and direct Vermont courts to be guided by federal court interpretations of 42 U.S.C. §1983 when applying the new state cause of action. He said the bill is intended to close a perceived gap in available remedies when federal employees are accused of constitutional violations in Vermont.
Senators asked a series of questions about scope and precedent. The senator from Franklin asked whether non‑citizens or non‑U.S. citizens would be covered; Hashim replied that the bill is limited to "persons in Vermont," not only citizens. Other senators pressed on whether similar measures exist elsewhere; Hashim noted that a few states have enacted related laws and that Illinois has faced legal challenges to its statute.
A roll-call was requested and taken; the Senate recorded 23 votes in favor and 7 opposed, and the body ordered H.849 to third reading. The transcript records committee testimony from legislative counsel, judges, civil‑rights directors, the ACLU, and other witnesses who appeared before the Judiciary Committee.
The bill, if enacted, would create a state statutory cause of action for constitutional violations by persons acting under color of law and would preserve defenses recognized under federal law, while potentially increasing litigation options for persons alleging constitutional harms in Vermont state courts.
