SECTION 1. Chapter 12 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after Section 11I 3/4 the following new section:-
Section 11I 5/6. (a) Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia or the United States, subjects or causes to be subjected, any citizen of the Commonwealth or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the United States Constitution, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
(b) Any defense under 42 U.S.C. § 1983 available to a defendant alleged to have acted under the color of any state or municipal law, is likewise and to the same extent available in defense of an action brought under subsection (a).
(c) Any aggrieved person or persons who prevail in an action authorized by subsection (a) shall be entitled to an award of the costs of the litigation and reasonable attorneys’ fees in an amount to be fixed by the court, to the same extent as provided for by 42 U.S.C. § 1988.
(d) Any aggrieved person or persons who bring a claim under subsection (a) must, at the time of filing said claim, provide notice to the Attorney General and certify to the court where said claim is filed that such notice has been provided.
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