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 the governmental entity will bear the costs associated with any harm caused by such violations, rather than the innocent party.
The bill 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 Constitution and laws of Rhode Island, 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 rights deprivations, specifying that individuals acting under the authority of a governmental entity can be liable, but the governmental entity itself is also liable for harm caused by its customs, policies, or regulations.
Additionally, the act provides a framework for legal action, allowing aggrieved parties to seek remedies such as declaratory and injunctive relief, as well as compensatory damages. It specifies that punitive damages cannot be sought from the State of Rhode Island or its subdivisions, and it allows for the recovery of reasonable attorney fees and costs for prevailing parties.
The bill includes a three-year statute of limitations for bringing actions under this chapter, starting from the date of the deprivation or when the aggrieved party knew or should have known of the acts leading to the deprivation. It also contains a severability clause to ensure that if any provision is found invalid, the remaining provisions will still be enforceable. The act is set to take effect upon passage.