2026 -- H 7202

========

LC004055

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 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

     Referred To: House Judiciary

     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 State 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.

========

LC004055

========

LC004055 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

CAUSES OF ACTION -- THE RHODE ISLAND FEDERAL CONSTITUTION DEFENSE

ACT

***

     This act would create a Rhode Island civil cause of action allowing individuals to sue

persons acting under color of federal law for violations of Federal Constitutional rights committed

under color of federal law.

     This act would take effect upon passage.

========

LC004055

========

LC004055 - Page 3 of 3