Legislation

§ 85. Action for deprivation of constitutional rights by government
officials acting under color of law. 1. Liability. Any person who, under
color of any law, statute, ordinance, regulation, custom, or usage of
the United States and of any state or territory or the District of
Columbia, subjects, or causes to be subjected, any citizen of the United
States or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities secured by the
constitution of the United States, shall be liable to the party injured
in an action at law, suit in equity, or other proper proceeding for
redress, except that in any action brought against a judicial officer
for an act or omission taken in such officer's judicial capacity,
injunctive relief shall not be granted unless a declaratory decree was
violated or declaratory relief was unavailable.

2. Remedies. In any action brought under this section, the court may
award:

a. Compensatory damages, including damages for emotional distress,
pain and suffering, and other non-economic damages;

b. Punitive damages where the violation is found to be malicious,
wanton, willful, or in reckless disregard of the plaintiff's rights;

c. Injunctive and declaratory relief;

d. Nominal damages; and

e. Reasonable attorneys' fees and costs to a prevailing plaintiff,
except that in any action brought against a judicial officer for an act
or omission taken in such officer's judicial capacity such officer shall
not be held liable for any costs, including attorneys' fees, unless such
action was clearly in excess of such officer's jurisdiction.

3. This section shall apply retroactively to January first, two
thousand twenty-five, provided that for any claim for a violation of the
United States Constitution that occurred between January first, two
thousand twenty-five, and the effective date of this section, the only
monetary damages that shall be available pursuant to this section for
such constitutional violation are nominal and compensatory damages.