H 849

No. 87  Page 1 of 2
2026
No. 87. An act relating to a civil action for damages for deprivation of
federal constitutional rights by any government official.
                                      (H.849)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 12 V.S.A. chapter 205 is added to read:
    CHAPTER 205. DEPRIVATION OF CONSTITUTIONAL RIGHTS
§ 5797. CIVIL ACTION
   (a) Every person who, under color of any statute, ordinance, regulation,
custom, or usage, subjects or causes to be subjected any citizen of the State of
Vermont or other person within the jurisdiction thereof to the deprivation of
any rights, privileges, or immunities secured by the Constitution of the United
States shall be liable to the party injured in an action at law, suit in equity, or
other proper proceeding for redress, except that in any action brought against a
judicial officer for an act or omission taken in the officer’s judicial capacity,
injunctive relief shall not be granted unless a declaratory decree was violated
or declaratory relief was unavailable.
   (b) For purposes of this section, “color of any statute, ordinance,
regulation, custom, or usage” includes color of any statute, ordinance,
regulation, custom, or usage of the United States and of any U.S. state or
territory or the District of Columbia.
   (c) Any defense available to a defendant under 42 U.S.C. § 1983 is
likewise and to the same extent available to any defendant in an action brought
under subsection (a) of this section. This subsection does not alter, amend,
                                                                      VT LEG #389269 v.1
No. 87  Page 2 of 2
2026
create, or support a qualified or absolute immunity defense in any other action
or proceeding brought under any other provision of Vermont law.
   (d) It is the intent of the General Assembly that, in construing this section,
the courts of this State will be guided by the construction of 42 U.S.C. § 1983,
as amended, as interpreted by the courts of the United States.
Sec. 2. EFFECTIVE DATE
   This act shall take effect on July 1, 2026.
Date on which Governor allowed bill to become law without his signature:
April 27, 2026
                                                                   VT LEG #389269 v.1