Creating private cause of action for deprivation of right granted by state constitution or by state law
SB 757 creates a new legal pathway allowing West Virginia residents to sue individuals or entities that violate their rights under state law or the West Virginia Constitution. It directly affects citizens whose constitutional or statutory rights - such as due process or equal protection - are infringed by state actors (e.g., officials or agencies acting under state authority). The bill enables plaintiffs to seek compensatory, nominal, or punitive damages, plus attorney fees and court costs if they win their case. This provision applies broadly to deprivations caused by state statutes, rules, or local ordinances, though it explicitly excludes judicial officers from injunctive relief claims unless prior declaratory relief was denied.
Bill status
in committee
1 of 4 stages cleared
Introduction
Mar 2025
Committee Review
Floor Vote
Governor
Introduced Mar 14, 2025
Last action Mar 14, 2025
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
4
Key actions
0
Committee
2
Mar 14, 2025
Committee
To Judiciary
upper
Mar 14, 2025
Introduced
Introduced in Senate
upper
Mar 14, 2025
Committee
To Judiciary then Finance
upper
0 primary · 2 co-sponsors
Sponsors
No sponsor information available.
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