West Virginia SB103 creates a private cause of action for individuals deprived of rights under state law or constitution.
West Virginia SB103 amends the state code to establish a private cause of action for individuals who are deprived of rights guaranteed by the state constitution or state law. This bill allows those injured to seek redress through legal action, including compensatory, nominal, and punitive damages. Exceptions apply to judicial officers, where injunctive relief is not granted for acts taken in their judicial capacity unless a declaratory decree was violated or declaratory relief was unavailable. The court may also award reasonable attorney's fees and court costs to the prevailing party.
Included in complete analysis
- Overview
- Core Provisions
- Implementation
- Impact
- Legal Framework
- Critical Issues
See what it does, who it affects, and the critical issues in plain language. Free, 30 seconds.