A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.7, relating to civil action for deprivation of rights; liability of persons acting under color of law.
HB1314 would create a new Virginia civil cause of action for any individual who is deprived of rights, privileges, or immunities secured by the U.S. Constitution, federal law, or the Virginia Constitution or laws by a person acting under color of law. The bill authorizes plaintiffs to seek compensatory damages, punitive damages, equitable relief, and, if successful, reasonable attorney fees and costs. It also allows a plaintiff to sue not only the direct actor but also a supervisor responsible for directing or overseeing the conduct.
The bill further directs courts, when considering punitive damages, to weigh several factors that may indicate misconduct by a law-enforcement or other government actor, including wearing a facial covering, failing to identify as an officer, not wearing a body-worn camera in violation of agency policy, using an unmarked or out-of-state vehicle, using crowd-control equipment, or intentionally violating a relevant court order. The action would have a four-year statute of limitations.
If enacted, HB1314 would add § 8.01-42.7 to the Code of Virginia and expand civil remedies available against persons acting under color of law, including government officials and potentially law-enforcement officers. It would create a state-law damages remedy parallel to constitutional-rights claims, permit recovery of attorney fees and costs, and expressly extend potential liability to supervisors. The bill would also affect how punitive damages are evaluated in these cases by requiring consideration of specified conduct and policy violations.
The available legislative history suggests limited recorded debate, but the bill was not advanced and was continued to the next session by voice vote in the Courts of Justice Committee. That procedural outcome indicates the measure did not receive enough support for immediate passage, though the absence of recorded votes or transcripts means there is no detailed public record here of the committee’s substantive views. Overall, the bill appears to have been treated cautiously rather than enthusiastically advanced.
The main points of contention likely center on expanding civil liability for officials acting under color of law, especially law-enforcement officers and their supervisors. Supporters would likely view the bill as strengthening accountability and providing remedies for rights violations, while opponents may object that it could increase litigation, expose officers and agencies to punitive damages, and create uncertainty around conduct such as masking, vehicle markings, body-camera compliance, and crowd-control tactics. The inclusion of supervisor liability and the punitive-damages factors tied to police practices are the most notable pressure points.