Establishes civil liability for the deprivation of any rights, privileges, or immunities secured by the federal or state constitution

2025 Regular Session Introduced by Micah Lasher

Summary of Bill A 9092 OverviewBill A 9092, titled "An Act to Establish Civil Liability for Deprivation of Constitutional Rights," was introduced on September 12, 2025 and is curre

REFERRED TO JUDICIARY

Overview

Bill A 9092, titled "An Act to Establish Civil Liability for Deprivation of Constitutional Rights," was introduced on September 12, 2025 and is currently under consideration by the Judiciary committee. This bill seeks to create a new civil cause of action for individuals who have had their constitutional rights, privileges, or immunities violated by government actors.

Key Provisions

The main components of Bill A 9092 include:

Civil Liability for Constitutional Violations: The bill establishes that any person who, under color of any statute, ordinance, regulation, custom, or usage of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

Available Remedies: Individuals who successfully bring a claim under this law would be entitled to compensatory and punitive damages, as well as injunctive and declaratory relief. The court would also have the discretion to award reasonable attorney's fees and litigation costs to a prevailing plaintiff.

Statute of Limitations: The bill sets a 3-year statute of limitations for filing such civil claims, starting from the date the cause of action accrued.

Companion Legislation: This bill has a companion in the state legislature, S 8504, which proposes an identical civil liability framework at the state level.

Potential Impact

If enacted, Bill A 9092 could have several significant impacts:

It would provide individuals with a new legal avenue to seek redress for alleged violations of their constitutional rights by government actors, beyond the limited options currently available.

The prospect of civil liability and monetary damages could incentivize greater care and diligence by government officials in protecting individual rights and liberties.

However, critics argue the bill could also lead to a proliferation of frivolous lawsuits and undermine the ability of government to function effectively.

Overall, this legislation represents an attempt to strengthen legal protections and accountability for constitutional rights at the federal level. Its ultimate effects would depend on how the courts interpret and apply the new civil liability framework established by the bill.