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House approves bill allowing suits against government officials for constitutional violations; critics warn of federal challenge
Summary
The House adopted committee amendments and ordered third reading of H849, which creates a private right of action modeled on 42 U.S.C. §1983 for constitutional violations by persons acting under color of law. Opponents warned it could open suits against federal employees and prompt a supremacy-clause challenge; the role-call vote was 97–39 in favor of the committee recommendation.
The Vermont House on Thursday adopted the judiciary committee's recommendation on H849 and ordered third reading of legislation that would create a private cause of action in state courts for violations of the U.S. Constitution by persons acting "under color of law."
Representative Lone (member from South Burlington), who spoke for the committee, told members H849 "is modeled after a federal statute 42USC section 1983," and would let Vermonters sue state,…
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