The proposed bill introduces the "Rhode Island Civil Rights Enforcement Act" as a new chapter in Title 42 of the General Laws. This act aims to ensure that individuals whose rights have been violated by governmental entities or their agents have a clear remedy. It establishes that governmental entities will bear the costs associated with such violations, rather than the innocent parties affected.
The act defines key terms, including "aggrieved party," which refers to any resident of Rhode Island or individual within the state subjected to the deprivation of rights secured by the state constitution, and "governmental entity," which includes the State of Rhode Island and its political or administrative subdivisions, as well as entities from other states and nations.
The act outlines the conditions under which governmental entities can be held liable for violations of rights, specifying that individuals acting under the authority of a governmental entity can be liable for deprivations of rights. It allows aggrieved parties to seek redress without needing to identify or join the individuals responsible for the deprivation, enabling them to bring actions solely against the governmental entity.
The act specifies the types of remedies available to aggrieved parties, including declaratory and injunctive relief, compensatory damages, and reasonable attorney fees, while stating that the state and its subdivisions are not liable for punitive damages. It allows for actions to be brought within three years of the violation or from when the aggrieved party knew or should have known of the acts leading to the deprivation.
Additionally, the act includes a severability clause, ensuring that if any provision is deemed invalid, the remaining provisions will still be enforceable. The act is set to take effect upon passage.