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119-s-3824119th Congress

State Authority to Protect Civil Rights

Sponsored By: Senator Booker, Cory A. [D-NJ]

Introduced

Summary

State civil enforcement of federal civil rights would let State Attorneys General bring federal civil lawsuits under 18 U.S.C. 241 and 242 on behalf of state residents.

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  • State attorneys general would have explicit authority to file civil actions in U.S. district court when they have reasonable cause to believe residents suffered bodily injury, serious bodily injury, or death from conduct violating section 241, or are being or may be injured under section 242.
  • People harmed by conspiracies against rights or by deprivation of rights under color of law could see state-led cases seeking temporary, preliminary, or permanent injunctive relief, and compensatory or punitive damages if the state proves conduct was malicious, oppressive, or in reckless disregard of rights.
  • Individuals, including officials acting under color of law, could be defendants in these state-filed federal civil suits, and the bill leaves the existing criminal penalties in sections 241 and 242 unchanged.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

State attorneys general can sue

This bill would let a State attorney general file a federal civil lawsuit in the State's name. The suit would target civil-rights violations under 18 U.S.C. 241 and 242. The attorney general could sue on behalf of people who live in the State when there is reasonable cause to believe they suffered or may suffer bodily injury, serious injury, death, or other deprivations of rights under color of law. A court would be able to order temporary, preliminary, or permanent injunctive relief. The court could award compensatory or punitive damages if the State shows the defendant acted maliciously, oppressively, or in reckless disregard of rights. The bill would not change existing federal criminal penalties.

Sponsors & CoSponsors

Sponsor

Booker, Cory A. [D-NJ]

NJ • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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