SB 757 West Virginia Senate · 2025 Regular Session

Creating private cause of action for deprivation of right granted by state constitution or by state law

SB 757 creates a new legal pathway allowing West Virginia residents to sue individuals or entities that violate their rights under state law or the West Virginia Constitution. It directly affects citizens whose constitutional or statutory rights - such as due process or equal protection - are infringed by state actors (e.g., officials or agencies acting under state authority). The bill enables plaintiffs to seek compensatory, nominal, or punitive damages, plus attorney fees and court costs if they win their case. This provision applies broadly to deprivations caused by state statutes, rules, or local ordinances, though it explicitly excludes judicial officers from injunctive relief claims unless prior declaratory relief was denied.
Bill status in committee 1 of 4 stages cleared
Introduction
Mar 2025
Committee Review
Floor Vote
Governor
Introduced Mar 14, 2025 Last action Mar 14, 2025
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Mar 14, 2025
Committee
To Judiciary
upper
Mar 14, 2025
Introduced
Introduced in Senate
upper
Mar 14, 2025
Committee
To Judiciary then Finance
upper
0 primary · 2 co-sponsors

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