Bill Text - SB36 (2019)

Creating a cause of action for certain constitutional deprivations of right.


Revision: Jan. 14, 2019, 10:06 a.m.

SB 36  - AS INTRODUCED

 

 

2019 SESSION

19-1014

08/04

 

SENATE BILL 36

 

AN ACT creating a cause of action for certain constitutional deprivations of right.

 

SPONSORS: Sen. French, Dist 7

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill creates a cause of action for certain constitutional deprivations of right.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-1014

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT creating a cause of action for certain constitutional deprivations of right.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; State Liability.  Amend RSA 354-B by inserting after section 6 the following new section:

354-B:7  Liability of State or Public Entities.  Any state or public entity acting under color of New Hampshire law which subjects or causes to be subjected any citizen of New Hampshire or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the new Hampshire constitution shall be liable for any actual damages to the injured party.  Any such action shall be filed in the superior court where appropriate venue exists or federal district court.  Any claim under this section brought in federal district court shall be a supplemental claim to a federal claim.  This lawsuit shall be brought no later than 3 years after the violation.  Reasonable attorneys' fees and costs shall be awarded to a person who prevails in any action or proceeding seeking to enforce this section.

2  Effective Date.  This act shall take effect upon its passage.

SB 36  - AS INTRODUCED

 

 

2019 SESSION

19-1014

08/04

 

SENATE BILL 36

 

AN ACT creating a cause of action for certain constitutional deprivations of right.

 

SPONSORS: Sen. French, Dist 7

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill creates a cause of action for certain constitutional deprivations of right.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-1014

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT creating a cause of action for certain constitutional deprivations of right.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; State Liability.  Amend RSA 354-B by inserting after section 6 the following new section:

354-B:7  Liability of State or Public Entities.  Any state or public entity acting under color of New Hampshire law which subjects or causes to be subjected any citizen of New Hampshire or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the new Hampshire constitution shall be liable for any actual damages to the injured party.  Any such action shall be filed in the superior court where appropriate venue exists or federal district court.  Any claim under this section brought in federal district court shall be a supplemental claim to a federal claim.  This lawsuit shall be brought no later than 3 years after the violation.  Reasonable attorneys' fees and costs shall be awarded to a person who prevails in any action or proceeding seeking to enforce this section.

2  Effective Date.  This act shall take effect upon its passage.