An Act To Protect the Civil Rights of Citizens

Sec. 1. 5 MRSA §4686  is enacted to read:

§ 4686.  Deprivation of rights

Notwithstanding the provisions of Title 14, section 8103, a person who under color of a statute, ordinance, rule, regulation, custom or usage of the State or political subdivision of the State subjects another person to the deprivation of any right, privilege or immunity secured by the Constitution of Maine is liable to the party injured in an action at law, suit in equity or other proper proceeding for redress. This section does not apply to injunctive relief in an action brought against a judicial officer for an act or omission taken in the officer's judicial capacity unless a declaratory decree was violated or declaratory relief was unavailable.

summary

This bill mirrors federal law in allowing a person to bring a civil action for a violation of the person's constitutional rights against a person acting under the color of a statute, ordinance, rule, regulation, custom or usage of the State or a political subdivision of the State.