The bill introduces a new chapter, Chapter 205, titled "Deprivation of Constitutional Rights," to Title 12 of the Vermont Statutes Annotated. It establishes a civil action for individuals who are subjected to the deprivation of rights, privileges, or immunities secured by the U.S. Constitution under the color of any statute, ordinance, regulation, custom, or usage. The bill specifies that judicial officers are exempt from injunctive relief unless a declaratory decree was violated or such relief was unavailable. Additionally, it clarifies that defenses available under 42 U.S.C. § 1983 are also applicable in actions brought under this new section, while maintaining that this does not create or support any immunity defenses in other Vermont law actions.
The act is set to take effect on July 1, 2026, and emphasizes that Vermont courts should interpret this section in alignment with the construction of 42 U.S.C. § 1983 as interpreted by U.S. courts. This legislative measure aims to enhance the protection of constitutional rights for citizens within the state by providing a clear legal avenue for redress against violations.