HB 5473 West Virginia House of Delegates · 2026 Regular Session

Relating to providing a civil remedy when a federal officer or employee violates a constitutional right.

HB 5473 creates a civil remedy in West Virginia for individuals harmed when a federal officer or employee violates constitutional rights while acting outside their official duties. It allows residents to sue such federal personnel in state court for constitutional violations (like free speech or due process) that exceed their lawful authority, but only when federal courts would not handle the case under 28 U.S.C. § 2679(d). The bill explicitly states it does not waive federal immunity or replace existing federal lawsuits, and applies only to conduct deemed "outside the scope of employment" under federal law. This policy change provides a state-level legal avenue for constitutional claims against federal actors in specific circumstances.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2026 Last action Feb 12, 2026
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Feb 12, 2026
Committee
To House Judiciary
lower
Feb 12, 2026
Introduced
Introduced in House
lower
Feb 12, 2026
Committee
To Judiciary
lower
1 primary · 5 co-sponsors

Sponsors