This bill proposes the addition of a new section, 55-2-23, to the Code of West Virginia, which establishes a civil remedy for individuals whose constitutional rights are violated by federal officers or employees acting outside the scope of their employment. The bill outlines legislative findings emphasizing the supremacy of the U.S. Constitution and the state's interest in protecting its residents from unconstitutional actions. It clarifies that federal officers or employees can be held liable in civil actions for depriving individuals of their constitutional rights while acting beyond their lawful authority.

The bill defines the circumstances under which a federal officer or employee is considered to be acting outside the scope of employment, specifically when their conduct violates the U.S. Constitution or exceeds their delegated authority. It also specifies that this civil cause of action is applicable only when the substitution of the United States as a defendant is not available under federal law or when a court determines that the federal officer or employee was not acting within the scope of their employment. Importantly, the bill does not authorize lawsuits against the United States or waive federal sovereign immunity, ensuring it operates within the existing federal legal framework.

Statutes affected:
Introduced Version: 55-2-23