The Act lets a person whose civil rights have been violated by a person acting under the color of law sue for damages and other relief. The Act lets a plaintiff who wins this type of suit recover attorney fees. The Act lets a defendant who wins this type of suit recover attorney fees if the plaintiff’s claim was frivolous.
GUT-N-STUFF – AMENDMENT -4
This bill is not really needed because Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. This means that acts done by federal, state, or local officials within their lawful authority, as well as acts done beyond the bounds of their lawful authority while purporting to act in the performance of their official duties, are considered acts under color of law, which the misuse of power under the guise of state authority is considered illegal.
I would suggest that Section 2 is misleading as these rights are already available, and to state a start day implies they are not.
Amendment -4: Any person who has been deprived of any rights,
privileges or immunities secured by Article I of the Oregon Constitution by a person acting under color of law may bring a civil action for economic and noneconomic damages, as defined in ORS 31.705, and for injunctive or other equitable relief.
privileges or immunities secured by Article I of the Oregon Constitution by a person acting under color of law may bring a civil action for economic and noneconomic damages, as defined in ORS 31.705, and for injunctive or other equitable relief.
My concern is with ORS 31.705: (b) “Noneconomic damages” means subjective, nonmonetary losses, including but not limited to pain, mental suffering, emotional distress, humiliation, injury to reputation, loss of care, comfort, companionship and society, loss of consortium, inconvenience and interference with normal and usual activities apart from gainful employment.
EMAIL COMMITTEE MEMBERS:
Sen.FloydProzanski@oregonlegislature.gov
Sen.KimThatcher@oregonlegislature.gov
Sen.AnthonyBroadman@oregonlegislature.gov
Sen.SaraGelserBlouin@oregonlegislature.gov
Sen.FredGirod@oregonlegislature.gov
Sen.JamesManningJr@oregonlegislature.gov
Sen.MikeMcLane@oregonlegislature.gov
Tags:
Civil Rights
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