This bill proposes the addition of a new section, designated 55-7-33, to the Code of West Virginia, 1931, which establishes a private cause of action for individuals who experience deprivation of rights granted by the West Virginia Constitution or state law. Under this new provision, any person who, under the authority of state statutes, rules, or local ordinances, subjects another individual to such deprivation will be liable for damages. The bill specifies that the injured party may seek compensatory, nominal, and punitive damages through legal action, with particular provisions for cases involving judicial officers, where injunctive relief is limited unless certain conditions are met.

Additionally, the bill allows the court to award reasonable attorney's fees and court costs to the prevailing party in these private actions, which may include expert fees. The overall aim of the legislation is to enhance the legal recourse available to individuals whose rights have been violated under state law, thereby reinforcing the protection of constitutional rights within West Virginia.

Statutes affected:
Introduced Version: 55-7-33