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SB 346

Civil Actions - Violation of Constitutional Rights (No Kings Act)

2026 Regular Session Introduced by Malcolm Augustine and 8 co-sponsors

SB 346 creates state civil suits for constitutional rights violations, giving Maryland residents direct legal recourse against government actors for damages comparable to federal civil rights law.

Approved by the Governor - Chapter 460
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WeVote Research Nonpartisan
Bill Summary · SB 346

Legislative bill overview

SB 346, known as the "No Kings Act," would create a civil cause of action allowing individuals to sue for damages when their constitutional rights are violated. The bill establishes a private right of remedy for unconstitutional government actions, similar to existing federal civil rights statutes. It appears designed to provide Maryland citizens with a direct legal pathway to seek compensation for constitutional violations at the state level.

Why is this important

This bill would give Maryland residents a state-level counterpart to federal civil rights litigation, potentially making it easier and more accessible to sue the state for constitutional violations without relying solely on federal courts. It could incentivize government compliance with constitutional requirements through financial liability and provide remedies for citizens who might otherwise lack recourse. The practical effect would depend heavily on how courts interpret what constitutes actionable constitutional violations and what defenses or immunities apply.

Potential points of contention

  • Scope of liability: Unclear which constitutional violations trigger liability and whether this applies to all government actors or only certain officials, creating potential for either excessive litigation or insufficient accountability depending on interpretation
  • Sovereign immunity and government immunity: The bill's interaction with existing governmental immunity doctrines is undefined—it could either substantially expand or minimally impact actual ability to recover damages
  • Fiscal impact on municipalities: Significant uncertainty about costs to local governments, schools, and agencies if broadly construed, potentially affecting public budgets and risk management practices

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

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