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H 7202Civil Procedure

Courts and Civil Procedure - Procedure Generally - Causes of Action - The Rhode Island Federal Constitution Defense Act

This bill allows people to sue federal agents in RI state court for rights violations and removes immunity defenses.

Signed into law31 Yea7 Nay0 Not voting
Population
Affected
25
Email Legislator
Introduced Jan 21, 2026Committee House Judiciary

Plain-English Summary

This legislation, titled the "Rhode Island Federal Constitution Defense Act," creates a specific legal cause of action in Rhode Island state courts. It allows individuals to sue any person acting under the authority of federal law if that person violates their rights secured by the U.S. Constitution. Crucially, the bill explicitly states that standard legal immunities (such as qualified immunity) cannot be used as a defense in these cases. It also mandates that if the person suing wins, the court must award them reasonable attorneys' fees and costs. The statute of limitations for these actions is set at three years.

For younger readers

Imagine a police officer or agent working for the federal government (like the FBI) breaks the rules and hurts someone or treats them unfairly in Rhode Island. Right now, it is very hard to take them to court because they have a special shield called "immunity" that protects them. This new law says that if they break the important rules in the Constitution, they are not allowed to use that shield anymore. This lets people sue them to fix the problem. If the person suing wins, the agent or the government has to pay for the lawyers too.

Who & Where It Applies

Impacted groups
Federal law enforcement agentsCivil rights attorneysVictims of civil rights violationsFederal government employeesState judges
Impacted communities
All

Constitutional & Fiscal Check

High. This bill likely violates the Supremacy Clause (Article VI, Clause 2) of the U.S. Constitution. States generally cannot regulate or strip immunities from federal officials acting within the scope of their employment. While the bill attempts to create a state cause of action, the removal of federal immunities via state statute would almost certainly be preempted by federal law and Supreme Court precedent regarding intergovernmental immunity.

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Eliminates the defense of qualified immunity for federal agents acting within the state, ensuring that law enforcement officials are held accountable for misconduct and civil rights violations.
  • Empowers victims of systemic abuse, particularly marginalized communities often targeted by federal agencies, to seek financial redress and justice in state courts without being blocked by procedural shields.
  • Mandates the award of attorney's fees to prevailing plaintiffs, making it financially feasible for low-income individuals to secure legal representation against powerful government entities.
  • May face immediate legal challenges based on the Supremacy Clause of the U.S. Constitution, potentially resulting in a waste of judicial resources without achieving lasting reform.
  • Does not explicitly address or remove qualified immunity for state and local law enforcement officers acting solely under state law, leaving a significant gap in comprehensive police accountability reform.
  • Could lead to retaliatory legal maneuvering by federal agencies that might complicate or delay justice for vulnerable plaintiffs despite the bill's intentions.
For Conservatives
  • Provides a powerful legal mechanism to hold federal agents accountable, potentially curbing overreach and abuse of power by unpopular federal agencies such as the FBI, ATF, or EPA within state borders.
  • Strengthens state sovereignty by asserting Rhode Island's right to provide remedies for constitutional violations, pushing back against the dominance of the federal judiciary.
  • Protects individual citizens from government tyranny by removing procedural shields that often allow government officials to escape consequences for violating property and civil rights.
  • Undermines the rule of law by stripping necessary legal protections from law enforcement officers, potentially causing hesitation in the line of duty and endangering public safety.
  • Likely to encourage a flood of frivolous lawsuits against government officials, clogging the court system and potentially increasing indirect costs for taxpayers.
  • Challenges the authority of the federal government in a way that could lead to chaotic legal conflicts between state and federal jurisdictions, destabilizing the justice system.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 29 additions

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.