Vote Smart's Synopsis:

Vote to pass a bill that authorizes individuals to file lawsuits against any federal, state, or local official for violating their constitutional rights in California.

Highlights:

• Authorizes individuals to sue, or seek legal remedy against, any person or government official who deprives someone of their constitutional rights, enabling lawsuits for damages done (Sec. 1)

• Restricts lawsuits against judicial officers unless a declaration was violated (Sec. 1).

• Authorizes an individual to file an action, as described above, with either the superior court for the county where the misconduct occurred or the superior court for the county where their place of operation is located within a 2 year time constraint (Sec. 1). 

• Specifies that any person or government official can utilize the same immunity defenses available to them in federal civil rights cases, quoting Section 1983 of Title 42 of the United States Code, but not extending to other California lawsuits (Sec. 1). 

• Requires the winning individual who filed the lawsuit to be awarded attorney fees and costs, against the person or government official, excluding judicial officers unless acting outside their legal authority (Sec. 1). 

• Authorizes the court to sever parts of the law if invalid, allowing the rest of the law to remain in effect (Sec. 1). 

• Specifies that this Act applies retroactively to March 1, 2025, allowing individuals between that date and January 28, 2026 to recover compensatory damages (Sec. 1).

Full Bill Text