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SB 2605

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION -- THE RHODE ISLAND FEDERAL CONSTITUTION DEFENSE ACT

2026 Regular Session Introduced by Jonathon Acosta and 7 co-sponsors

Rhode Island would let individuals sue for violations of U.S. Constitution rights by people acting under color of federal law, in a new state-law civil action.

06/22/2026 Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · SB 2605

Summary: Rhode Island Federal Constitution Defense Act (SB 2605, 2026)

Purpose and intent

SB 2605 would establish a Rhode Island civil cause of action that allows individuals to sue for violations of rights secured by the United States Constitution when those rights are deprived or interfered with by persons acting under color of any federal law within Rhode Island. The act creates a state-law basis for redress against federal actors or others acting under federal color when their conduct violates constitutional rights.

Key provisions and changes

  • New cause of action (9-1-55): The bill adds a new section to Rhode Island’s Causes of Action chapter, creating a private right of action for violations of the U.S. Constitution by persons acting under color of federal law within Rhode Island.

    • Affected conduct: Deprivation or interference with rights, privileges, or immunities secured by the U.S. Constitution, carried out under color of federal law.
    • Relief: The plaintiff can seek damages, injunctive relief, declaratory relief, and other equitable remedies.

  • Immunities not a defense:

    • Subsection (b)(1): Immunities available under Rhode Island law or recognized under state common law cannot be used as a defense to a claim under this act.
    • Subsection (b)(2): Federal-law immunities against liability, damages, or attorneys’ fees generally recognized under federal law shall not be a defense to liability under this act, to the extent permissible by the U.S. Constitution.

  • Statute of limitations and capacity:

    • Subsection (c): Actions under this section must be commenced within three years of the incident. There is a disability-related tolling provision: if a plaintiff is under disability due to age, mental incompetence, or other disability, the action may be brought within three years after removal of the disability.

  • Attorney’s fees and prevailing-relief standard:

    • Subsection (d): In addition to other relief, a prevailing plaintiff is entitled to reasonable attorneys’ fees and costs.
    • For injunctive relief, a plaintiff is deemed to prevail if the suit was a substantial factor or significant catalyst in achieving the desired relief.

  • Relation to federal actions and duties:

    • Subsection (e)(1): An action under this section is treated as an action brought for a violation of the U.S. Constitution under 28 U.S.C. § 2679(b)(2)(A) (i.e., a “federal question” framework for certain defense recourse).
    • Subsection (e)(2): The act does not impose duties on federal officials beyond those already imposed by the U.S. Constitution.

  • Effective date:

    • Section 2: The act would take effect upon passage.

Who or what would be affected

  • Individuals within Rhode Island who allege that federal-law actors deprived or interfered with their U.S. Constitutional rights.
  • Potential defendants include persons acting under color of federal law within Rhode Island.
  • Potential impact on federal-state-civil-relations dynamics by providing a Rhode Island-driven remedy independent of federal damages actions.

Procedural and timeline aspects

  • Filing window: Three-year statute of limitations from the incident (with disability tolling).
  • Fees: Prevailing plaintiffs can recover reasonable attorneys’ fees and costs.
  • Judicial scope: The act allows state courts to hear these claims, consistent with the stated purpose of providing redress for constitutional rights under color of federal law.

Notes and considerations

  • The bill explicitly clarifies that federal immunities do not shield conduct from liability to the extent permitted by the U.S. Constitution.
  • The act does not create new duties for federal officials beyond those in the Constitution but provides a state-law avenue to seek remedies for violations by those acting under federal authority.
  • The bill was introduced Feb 13, 2026, referred to Senate Judiciary, and scheduled for consideration in May 2026.

Compiled from official sources — confirm details with the bill’s official record.

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