H.849 is a bill introduced in the Vermont General Assembly that establishes a new chapter in the state law concerning civil actions for damages resulting from the deprivation of federal constitutional rights by government officials. The bill adds Chapter 205 to Title 12 of the Vermont Statutes, which outlines the liability of individuals who, under the authority of any statute, ordinance, regulation, or custom, deprive any citizen or person within Vermont's jurisdiction of their constitutional rights. It specifies that individuals can seek legal redress through various forms of legal action, with particular provisions regarding judicial officers and the availability of injunctive relief.
Additionally, the bill clarifies that defenses available under federal law (specifically 42 U.S.C. ยง 1983) will also apply to actions brought under this new state law, while ensuring that it does not create or alter any immunity defenses in other Vermont legal contexts. The intent of the General Assembly is for Vermont courts to interpret this section in alignment with federal interpretations of the corresponding federal statute. The act is set to take effect on July 1, 2026.