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H 7352Civil Rights

State Affairs and Government - The Rhode Island Civil Rights Enforcement Act

This bill allows people to sue Rhode Island government entities for damages if they violate civil rights or constitutional protections.

Held for study
Population
Affected
35
Email Legislator
Introduced Jan 28, 2026Committee House Judiciary

Plain-English Summary

This bill establishes the "Rhode Island Civil Rights Enforcement Act." It allows individuals to sue the State of Rhode Island, its municipalities, and other government entities if their rights under the State or Federal Constitution are violated by government actions. Crucially, the bill waives the government's "sovereign immunity," meaning the state cannot claim it is immune from being sued in these cases. It sets a damages cap of $500,000 for government liability, though this cap can be exceeded if the violation was intentional or malicious. It also allows prevailing plaintiffs to recover attorney fees.

For younger readers

Imagine if there was a rule that said the government could not get in trouble, even if it broke the law and hurt someone. This bill changes that. It creates a law that says if the government, or people working for the government, treat someone unfairly and break their rights, that person can go to court. If the person wins, the government has to pay for the harm they caused. It makes sure that the government has to follow the rules just like everyone else.

Who & Where It Applies

Impacted groups
ResidentsState GovernmentMunicipal GovernmentsPolice DepartmentsAttorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Eliminates the defense of sovereign immunity for state and local entities, ensuring that victims of police misconduct or systemic discrimination can seek justice and compensation without being blocked by procedural shields.
  • Incentivizes systemic reform within government agencies by holding the entity financially liable for the actions of its employees, rather than placing the burden on individual officers who often have limited assets.
  • Includes a provision for reasonable counsel fees and costs for prevailing parties, making it possible for low-income individuals to secure legal representation to fight against government overreach.
  • Imposes a monetary cap of $500,000 on compensatory damages in many cases, which may be insufficient to fully compensate victims of catastrophic harm, wrongful death, or long-term imprisonment caused by the state.
  • Retains judicial and legislative immunity, meaning that some branches of government and their actors remain unaccountable for decisions that may harm marginalized communities.
  • Prohibits punitive damages against the state or its subdivisions, which limits the ability of the courts to financially punish government entities for egregious behavior to deter future misconduct.
For Conservatives
  • Strengthens the ability of citizens to fight back against government overreach and bureaucratic abuse of power, ensuring that constitutional rights, such as property rights or religious freedom, are protected.
  • Includes a limitation on compensatory damages and prohibits punitive damages against the state, providing a safeguard to protect taxpayers from excessive payouts and frivolous lawsuits.
  • Upholds the rule of law by ensuring that government agents are not above the Constitution and must answer for violations of established rights.
  • Exposes taxpayers to potentially massive financial liabilities, as the costs of settlements, judgments, and the plaintiff's legal fees will ultimately be paid from public funds.
  • Waives sovereign immunity, which could lead to a flood of litigation against police departments and municipalities, potentially hindering law enforcement officers from performing their duties effectively due to fear of lawsuits.
  • Mandates the payment of attorney fees to prevailing parties, which incentivizes trial lawyers to bring suits against the government, further draining the state budget.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 82 additions

SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: 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 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.

SECTION 2. This act shall take effect upon passage.