| Chapter 191 |
| 2026 -- H 7202 Enacted 06/22/2026 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION -- THE RHODE ISLAND FEDERAL CONSTITUTION DEFENSE ACT |
Introduced By: Representatives Potter, McEntee, Morales, Kislak, Sanchez, Speakman, Ajello, Stewart, Cruz, and Giraldo |
| Date Introduced: January 21, 2026 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby |
| amended by adding thereto the following section: |
| 9-1-55. The Rhode Island Federal Constitution defense act -- Cause of action. |
| (a) Any person or persons who, acting under color of any federal law subjects or causes to |
| be subjected any person within the jurisdiction of the Statestate of Rhode Island to a deprivation |
| of any rights, privileges, or immunities secured by the Constitution of the United States, or whose |
| exercise or enjoyment of those rights, privileges, or immunities has been interfered with or |
| attempted to be interfered with, by threats, intimidation, or coercion, shall be liable to the party |
| injured in an action at law, suit in equity, or other proper proceeding for redress. |
| (b) Immunities not applicable as a defense. |
| (1) This act does not grant any immunities to a person or persons as a defense. Any |
| immunity provided under Rhode Island general laws or recognized under state common law shall |
| not apply and shall not be a defense to a cause of action brought under subsection (a) of this section. |
| (2) As far as permissible under the Federal Constitution, any existing immunity provided |
| against liability, damages, or attorneys' fees under federal law shall not apply to and shall not be a |
| defense to a cause of action brought under subsection (a) of this section. |
| (c) Notwithstanding the provisions of §§ 9-1-13 and 9-1-14, an action arising under this |
| section shall be commenced within three (3) years of the occurrence of the incident which gave rise |
| to the action; provided that, a person who is under disability by reason of age, mental incompetence, |
| or otherwise, and on whose behalf no action is brought within the period of three (3) years from |
| the time of the occurrence of the incident, shall bring the action within three (3) years from the |
| removal of the disability. |
| (d) In addition to any damages, injunction, declaration, or other equitable relief awarded in |
| an action brought pursuant to this section, a court shall award reasonable attorneys' fees and costs |
| to a prevailing plaintiff. In actions for injunctive relief, a court shall deem a plaintiff to have |
| prevailed if the plaintiff's suit was a substantial factor or significant catalyst in obtaining the results |
| sought by the litigation. |
| (e)(1) An action under this section shall be deemed an action brought “for a violation of |
| the Constitution of the United States” within the meaning of 28 U.S.C. § 2679(b)(2)(A). |
| (2) This section shall not be construed to impose duties on federal officials beyond those |
| already imposed by the United States Constitution. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004055 |
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