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HB 1314

Civil action for deprivation of rights; liability of persons acting under color of law.

2026 Regular Session Introduced by Michelle Maldonado

Virginia bill creates civil liability for government officials who violate citizens' rights while acting in official capacity, enabling direct damage claims.

Continued to next session in Courts of Justice (Voice Vote)
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Bill Summary · HB 1314

Legislative bill overview

HB 1314 creates a civil action mechanism allowing individuals to sue persons acting under color of law for deprivation of their rights. The bill establishes liability standards for government officials and employees who violate constitutional or statutory rights while performing their duties. This addresses situations where individuals may lack adequate remedies through existing legal frameworks.

Why is this important

This legislation directly impacts the ability of citizens to seek damages against government actors for rights violations, a critical accountability mechanism in the civil rights arena. The bill could significantly alter the landscape of municipal liability and official immunity doctrine in Virginia, affecting law enforcement, corrections, and other government agencies.

Potential points of contention

  • Qualified immunity scope: Whether the bill adequately preserves or eliminates qualified immunity protections that currently shield officials from liability in many cases
  • Government liability expansion: Concerns that broad liability standards could expose municipalities and states to substantial financial damages and litigation costs
  • Definitional clarity: Questions about what constitutes "deprivation of rights" and how courts will interpret "acting under color of law" in borderline situations

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

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