The proposed bill introduces the "Rhode Island Civil Rights Enforcement Act," which establishes a legal framework for individuals whose rights, as secured by the Rhode Island Constitution or the U.S. Constitution, have been violated by governmental entities. The act aims to ensure that every right has a remedy and that governmental entities and their agents bear the costs of harm caused by violations, rather than the victims.
Key definitions are provided, including "aggrieved party," which refers to residents or individuals within Rhode Island subjected to rights deprivations, and "governmental entity," which encompasses the State of Rhode Island and its political or administrative subdivisions, as well as other governmental bodies.
The act outlines the conditions under which governmental entities can be held liable for damages. It specifies that individuals subjected to rights deprivations can seek redress through legal action, and governmental entities are liable for harm caused by their agents acting within the scope of their authority. The act also allows for claims against governmental entities for harm caused by their statutes, ordinances, regulations, customs, or usages.
Remedies available to aggrieved parties include declaratory and injunctive relief, as well as compensatory and punitive damages. However, the act limits compensatory damages to $500,000, unless the conduct causing the deprivation is found to be intentional, willful, or malicious. The act provides for adjustments to this cap based on the consumer price index and allows prevailing parties to recover reasonable attorney fees and costs.
Additionally, the attorney general is authorized to bring civil actions for violations of this chapter on behalf of aggrieved individuals, seeking injunctive or other appropriate relief. The act includes a severability clause, ensuring that if any provision is deemed invalid, the remaining provisions will still be effective. The act will take effect upon passage.