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HB 7202

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 Edith Ajello and 9 co-sponsors

Rhode Island creates a new state-law cause of action (9-1-55) allowing individuals to sue people acting under color of federal law for violations of U.S. constitutional rights, wit

06/22/2026 Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · HB 7202

Overview

  • Bill: HB 7202
  • Session: 2026 (Rhode Island)
  • Title: AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION -- THE RHODE ISLAND FEDERAL CONSTITUTION DEFENSE ACT
  • Purpose: Create a new Rhode Island civil cause of action allowing individuals to sue persons acting under color of federal law for violations of rights secured by the U.S. Constitution.

Main purpose and intent

  • Establish a statutory cause of action for violations of federal constitutional rights committed by individuals acting under color of federal law within Rhode Island.
  • Provide a remedy (damages, injunctive relief, declaration, and attorney’s fees) for persons injured by such violations.
  • Clarify that immunities under state law or existing federal immunity defenses do not shield a claimant from this Rhode Island action.

Key provisions and changes

  1. Creation of a new cause of action (9-1-55):

    • Anyone acting under color of federal law who subjects or causes to be subjected any person in Rhode Island to a deprivation of rights, privileges, or immunities protected by the U.S. Constitution, or who interferes with the exercise of those rights, can be sued in an action at law, in equity, or other proper proceeding for redress.

  2. Immunities and defenses:

    • The act does not grant new immunities for a defense.
    • Immunities provided under Rhode Island general laws or state common law shall not apply as a defense to a 9-1-55 action.
    • Federally granted immunities against liability, damages, or attorneys’ fees, to the extent permissible by the U.S. Constitution, shall not apply as a defense to this action.

  3. Statute of limitations:

    • Actions under 9-1-55 must be commenced within three years of the incident.
    • If a plaintiff is disabled or otherwise incapacitated (e.g., by age, mental incompetence), the three-year period runs from the removal of the disability.

  4. Remedies and attorneys’ fees:

    • In addition to damages, injunctions, declarations, or other equitable relief, prevailing plaintiffs are entitled to reasonable attorney’s fees and costs.
    • In actions for injunctive relief, a plaintiff prevails if the suit was a substantial factor or significant catalyst in achieving the desired outcome.

  5. Relationship to federal action designation:

    • An action brought under this section is deemed “for a violation of the Constitution of the United States” under 28 U.S.C. § 2679(b)(2)(A).

  6. Scope and duties:

    • The act does not impose duties on federal officials beyond those already required by the U.S. Constitution.

  7. Effective date:

    • The act takes effect upon passage.

Who/what would be affected

  • Individuals within Rhode Island who allege violations of U.S. constitutional rights by persons acting under color of federal law.
  • Potential defendants could include federal officials or others acting under federal authority within Rhode Island.
  • Rhode Island courts would hear and decide these claims, including awarding damages, equitable relief, and attorneys’ fees.

Procedural and timeline aspects

  • Filing window: Three-year statute of limitations from the time of the incident, with disability-related tolling (standard Rhode Island disability provisions apply via the three-year start from removal of disability).
  • Fee shifting: Prevailing plaintiffs receive reasonable attorney’s fees and costs.
  • Expedited designation: The act explicitly deems the action as a federal constitutional rights violation for purposes of certain federal-law-related provisions (28 U.S.C. § 2679(b)(2)(A)).
  • Effective date: Immediate upon passage.

Potential implications and considerations

  • Creates a state-law remedy parallel to federal remedies for violations by those acting under federal authority.
  • Could expand civil liability exposure for federal actors operating in Rhode Island.
  • May raise questions about coordination with federal immunity defenses and federal-removal/remanding practices (through the 28 U.S.C. designation).
  • Impacts on civil rights litigation strategies, including potential availability of attorneys’ fees to prevailing plaintiffs.

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

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