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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, local or federal officials who, acting under color of law, deprive someone of constitutional rights. The bill sets forth who may sue, who can be sued, available remedies including monetary damages and injunctive relief, and preserves defenses available under federal law such as qualified immunity, the sponsor said.
Critics on the floor raised constitutional and implementation concerns. A member from Pney quoted Assistant Attorney General Julio Thompson saying, "This is a new right to sue any of the 3 million or more federal employees that did not exist before and to allow a type of constitutional litigation to occur that, to my knowledge, has not occurred in US history." The member said they would vote no not because they oppose accountability but because the bill requires a deeper dive into constitutionality.
Sponsoring members said the bill closely tracks existing federal law to reduce litigation risk and that courts would ultimately resolve constitutional questions. The House conducted a role-call vote on the committee recommendation; the clerk announced 97 yes, 39 no. The amendment/recommendation was adopted and third reading was ordered.
Next steps: With the committee recommendation adopted and the third reading ordered, H849 will proceed through the House calendar. The transcript records the roll-call tally (97–39) for the committee recommendation on the floor.
