SENATE DOCKET, NO. 1959        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 946

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sonia Chang-Diaz

_________________

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:

 

Sonia Chang-Diaz

Second Suffolk

 

Adam Gomez

Hampden

 

Jack Patrick Lewis

7th Middlesex

2/24/2021


SENATE DOCKET, NO. 1959        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 946

By Ms. Chang-Diaz, a petition (accompanied by bill, Senate, No. 946) of Sonia Chang-Diaz, Adam Gomez and Jack Patrick Lewis for legislation to secure civil rights through the courts of the Commonwealth.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

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 paragraph:-

(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 principal 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.

SECTION 2. The provisions of this act will take effect immediately upon enactment.