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Panel weighs H.A.49 that would allow suits against officials for constitutional violations
Summary
Legislative counsel and legal experts debated H.A.49 on March 18, a draft bill that would create a state civil cause of action modeled on 42 U.S.C. § 1983 and — controversially — extend remedies against federal officials; panelists warned of federalism and sovereign‑immunity challenges.
Legislative counsel briefed a committee March 18 on H.A.49, a draft statute that would create a civil cause of action in state law for violations of the U.S. Constitution and, uniquely in the draft, make that path available against state, local and federal officials acting under color of law.
"H.A.49 would create a cause of action for damages against state, local, or federal officials for violating the U.S. Constitution," counsel told the committee, explaining that the bill imports defenses available under 42 U.S.C. § 1983 and would make both monetary damages and injunctive relief available under a new…
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