2025 -- H 5223

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND CIVIL

RIGHTS ENFORCEMENT ACT

     Introduced By: Representatives Craven, Caldwell, Morales, Dawson, and Batista

     Date Introduced: January 29, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 112.1

THE RHODE ISLAND CIVIL RIGHTS ENFORCEMENT ACT

     42-112.1-1. Short title.

     This chapter shall be known and may be cited as "the Rhode Island Civil Rights

Enforcement Act."

     42-112.1-2. Purpose.

     It is the dual purpose of this chapter to ensure that:

     (1) Consistent with the admonition contained in Article I, Section 5 of the Constitution of

the State of Rhode Island, every right shall have a remedy; and

     (2) As between an innocent party whose rights have been violated by acts and/or omissions

of a governmental entity, as defined in this chapter, and/or agents thereof, it is the governmental

entity and/or agents thereof that shall bear the cost of any harm caused by such violation of rights,

not the innocent party.

     42-112.1-3. Definition.

     As used in this chapter:

     (1) "Aggrieved party" means any resident of the State of Rhode Island or other individual

within the State of Rhode Island subjected to the deprivation of any rights, privileges or immunities

secured by the Constitution and laws of the State of Rhode Island in a manner proscribed by this

chapter.

     (2) "Governmental entity" means the State of Rhode Island or any of its political or

administrative subdivisions, including any municipal, quasi-municipal, or quasi-state entity, and

any state of the United States, the United States, or a foreign nation state, including any political or

administrative subdivision of any of the foregoing entities.

     42-112.1-4. Cause of Action.

     (a) Every person who, under color of any statute, ordinance, regulation, custom or usage

of a governmental entity subjects, or causes to be subjected, any resident of the State of Rhode

Island or other individual within the State of Rhode Island to the deprivation of any rights,

privileges or immunities secured by the Constitution and laws of the State of Rhode Island, shall

be liable to the aggrieved party in an action at law, suit in equity, and/or other proper proceeding

for redress, provided nothing herein shall abrogate any existing immunities of any person liable for

a violation under this subsection.

     (b) A governmental entity shall be liable for any harm caused to an aggrieved party

subjected to a deprivation proscribed under subsection (a) of this section if the person that caused

the deprivation was acting within the scope of their employment, agency or other authority or color

of law conferred by the governmental entity, regardless of any immunities from liability from suit

that such person may have and regardless of any governmental or sovereign immunities of the State

of Rhode Island or any political or administrative subdivision thereof, which said immunities are

hereby expressly waived as to the State of Rhode Island and its political or administrative

subdivisions; provided that, nothing in this chapter abrogates judicial or legislative immunity.

     (c) In any action brought under this chapter, an aggrieved party subjected to a deprivation

proscribed under subsection (a) of this section need not identify or join as a party the person or

persons who caused the deprivation and may bring an action under this chapter solely against the

governmental entity liable for the deprivation under subsection (b) of this section.

     (d) A governmental entity shall also be liable for any harm sustained by an aggrieved party

that was caused by any custom, policy, regulation, ordinance, or law of that governmental entity.

     42-112.1-5. Remedies.

     (a) An aggrieved party subjected to a deprivation proscribed under this chapter shall be

entitled to all the rights and remedies available at law and equity including, but not limited to,

declaratory and injunctive relief and compensatory and punitive damages; provided that, neither

the State of Rhode Island, nor any of its political or administrative subdivisions, shall be liable for

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punitive damages arising out of liability imposed under §§ 42-112.1-4(b) through (d).

     (b) In any action brought under this chapter, a prevailing aggrieved party subjected to a

deprivation proscribed by this chapter shall also be entitled to an award of reasonable counsel fees

as well as costs, prejudgment interest, and expert witness fees reasonably incurred in bringing the

action.

     (c) An aggrieved party shall be considered prevailing if that party succeeds, in whole or in

part, in obtaining relief for a deprivation proscribed under this chapter by bringing an action under

this chapter, whether the relief is obtained as a result of a judgment, settlement, or the voluntary

change in behavior of the governmental entity after the filing of an action.

     (d) An action under this chapter may be brought in any court of competent jurisdiction

within three (3) years from the date of the deprivation proscribed under this chapter or from the

date when the aggrieved party knew or should have known of the acts and/or omissions giving rise

to the deprivation, whichever is later in time.

     42-112.1-6. Severability.

     If any provision of this chapter or the application of this chapter to any person or

circumstances is adjudged by any court of competent jurisdiction to be invalid, this invalidity shall

not affect other provisions or applications of this chapter, which can be given effect without the

invalid provision or application, and to this end the provisions of this chapter are declared to be

severable.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND CIVIL

RIGHTS ENFORCEMENT ACT

***

     This act would provide a remedy for any harm caused due to a deprivation or violation of

rights secured by the Constitution of the State of Rhode Island due to acts of the State of Rhode

Island or any of its political or administrative subdivisions, including, but not limited to, any

municipal, quasi-municipal, or quasi-state entity, and any state of the United States, the United

States, and any nation state, including any political or administrative subdivision thereof.

     This act would take effect upon passage.

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