An Act to create 895.059 of the statutes; Relating to: establishing a civil cause of action for civil rights violations.
AB331 would create a new statutory civil cause of action, codified as s. 895.059, for civil rights violations in Wisconsin. A person who is deprived of due process or equal protection rights, or other rights secured by the U.S. Constitution, federal law, the Wisconsin Constitution, or Wisconsin law, by someone acting under color of law could sue for damages and injunctive or other appropriate relief. The bill also covers interference or attempted interference with those rights through threats, intimidation, or coercion by a person acting under color of law.
The bill expressly allows suits against the state and its political subdivisions, departments, agencies, and instrumentalities. It requires courts to award reasonable attorney fees and costs to a prevailing plaintiff, overrides certain existing claims procedures and notice provisions by making ss. 893.80 and 893.82 inapplicable, and sets a six-year statute of limitations from the date of the alleged violation. The act would apply only to causes of action accruing on or after its effective date.
AB331 would add a new standalone civil rights remedy to Wisconsin statutes and expand the ability of individuals to seek judicial relief for constitutional and statutory rights violations by government actors. By creating s. 895.059, it would provide a direct state-law cause of action for damages, injunctions, and other relief, including against state and local government entities, while also guaranteeing fee shifting for prevailing plaintiffs. It would also displace the application of the governmental claims and notice statutes in ss. 893.80 and 893.82 for actions brought under this section, thereby changing procedural rules for litigation against public entities and officials acting under color of law.
The bill appears to have been introduced with support from a broad group of Democratic Assembly members and several Democratic senators as cosponsors, suggesting favorable sentiment among its authors and allied lawmakers. However, the available record shows no committee transcript, no recorded votes, and no enacted outcome; the bill ultimately failed to pass pursuant to Senate Joint Resolution 1. Based on the text alone, the measure is framed as a civil rights enforcement bill, which typically draws support from advocates for expanded remedies and scrutiny from those concerned about litigation exposure for government entities.
The main points of contention are likely to be the bill’s expansion of liability for the state and local governments, the creation of a new private right of action, and the removal of the protections and procedures in ss. 893.80 and 893.82. Supporters would likely emphasize stronger enforcement of constitutional and civil rights, access to damages and injunctive relief, and mandatory attorney fees for prevailing plaintiffs. Opponents would likely focus on increased litigation risk, fiscal exposure for public entities, and the bill’s broad reach to actions against government actors and instrumentalities.