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HB 5473

Relating to providing a civil remedy when a federal officer or employee violates a constitutional right.

2026 Regular Session Introduced by Evan Hansen and 3 co-sponsors

Creates a narrow West Virginia civil remedy for rights violations by federal officers acting ultra vires, when federal substitution is unavailable.

To House Judiciary
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WeVote Research Nonpartisan
Bill Summary · HB 5473

Summary of West Virginia House Bill 5473 (2026)

Purpose and intent

  • HB 5473 creates a new civil remedy in West Virginia law to address situations where a federal officer or employee, acting outside the scope of federal employment, violations of rights protected by the U.S. Constitution occur within the state.
  • The bill asserts that, despite the Supremacy Clause and existing federal mechanisms, West Virginia has a legitimate interest in providing a remedy for constitutional violations by federal actors when they act ultra vires (outside their authority).

Key provisions and changes

  • Section created: New codified provision §55-2-23 in the West Virginia Code, Article 2 (Limitation of Actions and Suits).
  • Subsection (a) Legislative findings
    • States that the U.S. Constitution is the supreme law and binds federal, state, and local actors.
    • Posits that federal officers acting outside their authority engage in ultra vires conduct.
    • Cites 28 U.S.C. § 2679 as the mechanism through which federal officers’ personal liability is preserved when acting outside scope.
    • Declares that the Supremacy Clause does not require WV to deny a remedy in such cases.
    • Establishes WV’s interest in protecting residents from unconstitutional conduct and frames the remedy as narrowly tailored to federal officers acting outside scope.
  • Subsection (b) Right of action created
    • Any person in West Virginia who, under color of federal authority, is deprived of rights, privileges, or immunities secured by the U.S. Constitution, while a federal officer or employee is acting outside the scope of federal employment, may file a civil action for appropriate relief.
  • Subsection (b) Scope of employment
    • “Outside the scope of employment” defined as conduct that violates the U.S. Constitution or exceeds authority lawfully delegated under federal law.
  • Subsection (c) Applicability
    • The new remedy applies only in two specific circumstances: 1) When substitution of the United States as defendant is unavailable under 28 U.S.C. § 2679(d) (the federal government’s waiver/transfer mechanism), or 2) When a court determines the federal officer was not acting within the scope of employment.
  • General note
    • The bill explicitly clarifies it does not authorize suits against the United States, does not waive federal sovereign immunity, and is designed to operate within the framework of federal law.

Who would be affected

  • Potential plaintiffs: Individuals within West Virginia who allege constitutional rights violations by federal officers acting outside scope of employment, under color of federal authority.
  • Potential defendants: Federal officers or employees acting ultra vires in the state.
  • Federal actors’ liability would fall under state civil procedure (not federal civil rights claims) in the narrowly defined circumstances described.

Procedural and timeline considerations

  • The bill was introduced February 12, 2026, and referred to the House Judiciary Committee.
  • No specific statute of limitations, procedural deadlines, or enforcement timeline is included in the text excerpt provided; it would presumably align with WV’s general limitations framework unless otherwise specified.
  • The remedy is intended to operate alongside existing federal processes (28 U.S.C. § 2679 framework) and does not replace or waive federal sovereign immunity.

Notes on scope and limitations

  • The remedy is deliberately narrow: it targets only actions by federal officers acting outside the scope of their employment and only when federal mechanisms for shield or substitution are unavailable.
  • It does not create a direct lawsuit against the United States itself, nor does it supersede federal protections or immunities; it complements federal structures within WV’s jurisdiction.

If you’d like, I can compare this bill to existing WV statutes on civil remedies or summarize potential legal considerations, such as how this might interact with 28 U.S.C. § 2679 and related federal procedures.

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

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