2026 -- H 7352

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LC004433

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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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 McEntee, Craven, O'Brien, Potter, Cruz, Stewart, and
Giraldo

     Date Introduced: January 28, 2026

     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 1, 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 a 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 of the State of Rhode Island or the Constitution and laws of the United

States 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 subdivisions 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 subject, 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 of the State of Rhode Island or the Constitution and laws

of the United States, 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 nor any entitlement to indemnification as

provided under §§ 45-15-16, 9-31-8 through 9-31-12, or any other applicable law.

     (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 statute, ordinance, regulation, custom, or usage 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

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

§ 42-112.1-4 (b) through (d) for:

     (1) Punitive damages; or

     (2) Compensatory damages in excess of five hundred thousand dollars ($500,000.00).

     (b) The compensatory damages limitation provided in § 42-112.1-5(a) shall not apply if a

court determines the conduct causing the deprivation prohibited hereunder was intentional, willful,

or malicious or committed in reckless disregard of the rights of the aggrieved party or was

committed during the course of performance of a proprietary function of the governmental entity.

The general assembly may by special act, either before or after entry of judgment or other resolution

of a claim brought hereunder, authorize in a particular case that damages may be recovered in

excess of the limitations imposed by subsection (a) of this section.

     (c) On January 31, 2027 and each January 31 thereafter, the compensatory damages

limitation provided in § 42-112.1-5(a) shall be adjusted by the percentage increase in the consumer

price index for all urban consumers (CPI-U) published by the United States Department of Labor

Bureau of Labor Statistics for the Northeast Region for the previous year.

     (d) 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

and costs.

     (e) An action under this chapter may be brought in any state or federal court of competent

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

     42-112.1-6. Enforcement by attorney general.

     (a) In addition to a private right of action by an aggrieved party, the attorney general

of the State of Rhode Island is also authorized to bring a civil action for a violation of this chapter

for injunctive or other appropriate relief at law or equity in order to protect the peaceable exercise

or enjoyment of the rights secured hereunder.

     (b) A civil action under this section shall be brought in the name of and for the state and/or

for and on behalf of any person or persons aggrieved by a violation of this chapter and may be

brought in any state or federal court of competent jurisdiction.

     42-112.1-7. 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.

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     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 or the Constitution and laws of the

United States 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. An action seeking a remedy may be brought by the aggrieved

person or by the attorney general in the name of and for the state and/or for and on behalf of any

person or persons aggrieved by a violation of this chapter.

     This act would take effect upon passage.

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