Massachusetts S2976: An Act relative to violations of the United States Constitution under color of law

What the bill says

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.

From the introduced text, February 12, 2026:

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.

Read the full official text

Sponsors

• William Brownsberger (D, Suffolk and Middlesex) · primary sponsor
• Cindy Friedman (D)
• Pavel Payano (D)
• Cynthia Creem (D)