HOUSE DOCKET, NO. 1768        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3277

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael S. Day

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to secure civil rights through the courts of the Commonwealth.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Michael S. Day

31st Middlesex

1/14/2019

Jack Patrick Lewis

7th Middlesex

1/24/2019

Steven Ultrino

33rd Middlesex

1/25/2019

Thomas M. Stanley

9th Middlesex

1/28/2019

Adrian C. Madaro

1st Suffolk

1/29/2019

Joseph A. Boncore

First Suffolk and Middlesex

1/31/2019

Mike Connolly

26th Middlesex

1/31/2019

Denise Provost

27th Middlesex

1/31/2019

David M. Rogers

24th Middlesex

1/31/2019

Russell E. Holmes

6th Suffolk

1/31/2019

Carmine Lawrence Gentile

13th Middlesex

1/31/2019

Natalie M. Higgins

4th Worcester

1/31/2019

Jennifer E. Benson

37th Middlesex

1/31/2019

Liz Miranda

5th Suffolk

2/1/2019

Marjorie C. Decker

25th Middlesex

2/1/2019

Daniel R. Cullinane

12th Suffolk

2/1/2019

James B. Eldridge

Middlesex and Worcester

2/1/2019

Kay Khan

11th Middlesex

2/1/2019

Sean Garballey

23rd Middlesex

2/1/2019

Daniel J. Ryan

2nd Suffolk

2/1/2019

Stephan Hay

3rd Worcester

2/1/2019

Jeffrey N. Roy

10th Norfolk

2/1/2019

James K. Hawkins

2nd Bristol

2/1/2019


HOUSE DOCKET, NO. 1768        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3277

By Mr. Day of Stoneham, a petition (accompanied by bill, House, No. 3277) of Michael S. Day and others for legislation to secure civil rights through the courts of the Commonwealth.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act to secure civil rights through the courts of the Commonwealth.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 11I of chapter 12 of the General Laws is hereby amended by inserting  before the existing paragraph the letter (a) and further amended by adding the following new paragraphs: -

(b) Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, has been interfered with by a person or entity acting under color of any statute, ordinance, regulation, custom or usage of the commonwealth or its subdivisions, may institute and prosecute in his or her own name and on his or her own behalf a civil action for injunctive and other appropriate relief, including the award of compensatory monetary damages.  Said action shall be brought either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the person or entity whose conduct complained of resides or has a principle place of business. A plaintiff who prevails by obtaining significant relief after the filing of an action under this paragraph shall be entitled to an award of the costs of litigation and reasonable attorneys’ fees in an amount to be fixed by the court.

(c) In an action under this section, qualified immunity shall not apply to claims for monetary damages except upon a finding that, at the time of the challenged conduct, no reasonable defendant could have had reason to believe that such conduct would violate the law.

SECTION 2. Section 11J of chapter 12 of the General Laws is hereby amended by striking out each time they appear the words “eleven I” and inserting in place thereof the words: --

eleven I(a)

SECTION 3. The provisions of this act will take effect immediately upon enactment.