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S 2605Civil Procedure

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

Allows Rhode Islanders to sue federal agents who violate their Constitutional rights and removes immunity defenses.

Signed into law61 Yea10 Nay4 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation creates a new civil legal option for individuals in Rhode Island. It allows a person to sue anyone acting under federal law who violates their rights guaranteed by the United States Constitution. The bill explicitly states that legal "immunities," which typically protect government officials from personal liability, cannot be used as a defense in these lawsuits. It sets a three-year deadline to file a claim after an incident occurs. Additionally, if the person suing wins the case, the court is required to order the defendant to pay the plaintiff's attorney fees.

For younger readers

This bill makes a rule that helps people protect their rights. Sometimes, people working for the federal government might break the rules that protect us. If that happens in Rhode Island, this bill says the person who was hurt can go to court and sue the government worker. Usually, these workers have a special shield called "immunity" that stops them from getting in trouble, but this bill takes that shield away. If the person who was hurt wins in court, the government worker has to pay for the lawyers, too.

Who & Where It Applies

Impacted groups
Federal EmployeesLaw Enforcement OfficersAttorneysCivil Rights PlaintiffsState Court Judges
Impacted communities
All

Constitutional & Fiscal Check

High. This bill attempts to strip federal officials of immunities provided under federal law (including Qualified Immunity). This likely violates the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2), which generally prohibits states from regulating the conduct of federal officers or removing federal defenses without explicit Congressional authorization. While the bill references the Westfall Act to establish jurisdiction, a state statute unilaterally negating federal immunity defenses faces a very high probability of being overturned by federal courts.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Increases accountability for federal law enforcement agents, such as ICE or Border Patrol, by removing qualified immunity defenses that often shield them from consequences for misconduct.
  • Ensures that victims of civil rights violations have a viable path to justice and financial compensation, addressing systemic gaps in the current legal system.
  • Mandates the awarding of attorney's fees to prevailing plaintiffs, making it financially feasible for low-income individuals to obtain legal representation against powerful government entities.
  • Could potentially be weaponized to harass federal regulatory agencies (like the EPA or OSHA) attempting to enforce environmental or labor standards within the state.
  • May lead to expensive and lengthy legal battles regarding the Supremacy Clause, diverting state resources that could be used for social programs.
  • Might encourage a fragmented legal system where federal civil rights protections are applied inconsistently depending on state-level interventions.
For Conservatives
  • Provides a powerful mechanism to challenge federal overreach and check the power of unelected federal bureaucrats and agencies operating within the state.
  • Strengthens the protection of individual constitutional rights, such as Second Amendment rights, against potential infringement by federal agents.
  • Reinforces the concept of federalism by asserting the state's authority to protect its citizens from federal misconduct.
  • Removes immunity protections for law enforcement officers, which could hesitate them in the performance of their duties and undermine law and order.
  • Could lead to a flood of frivolous lawsuits against government officials, clogging the court system and wasting taxpayer money on litigation.
  • Disrespects the established hierarchy of law by attempting to override federal legal standards via state legislation.

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.