State Law Equivalents

The Federal Government is not the only body that is working to allow suits against government actors for the violation of civil rights. A handful of states have adopted their own laws that unlock the courthouse doors for those who've had their rights violated. There appears to be three general avenues states have adopted in implementing their own rights protections: Functional Equivalents, Attorney General Models, and Criminal Penalties. A break down of the states can be found below. 

Functional Equivalents

Arkansas (AR ST §16-123-105)

"Every person who, under color of any statute, ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Arkansas Constitution shall be liable to the party injured in an action in circuit court for legal and equitable relief or other proper redress" 

Colorado (CO ST §13-21-131) 

"A peace officer, as defined in section 24-31-901 (3), who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article II of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief"

Note that later in the statute, Colorado expressly prevents qualified immunity defenses under this statute. You will learn more about that topic later in the course. 

Maine* (ME ST T. 5 §4682)

"A person whose exercise or enjoyment of the rights secured by the United States Constitution or the laws of the United States or of the rights secured by the Constitution of Maine or the laws of the State has been interfered with, or attempted to be interfered with, may institute and prosecute in that person's own name and on that person's own behalf a civil action for legal or equitable relief whenever any person, whether or not acting under color of law"

Nebraska* (NE ST § 20-148)

"Any person or company, as defined in section 49-801, except any political subdivision, who subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the United States Constitution or the Constitution and laws of the State of Nebraska, shall be liable to such injured person in a civil action or other proper proceeding for redress brought by such injured person.”

New Jersey NJ ST 10:6-2

"Any person who has been deprived of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, or whose exercise or enjoyment of those substantive rights, privileges or immunities has been interfered with or attempted to be interfered with, by threats, intimidation or coercion by a person acting under color of law, may bring a civil action for damages and for injunctive or other appropriate relief."

Connecticut* (CT ST § 52-571K)

“No police officer, acting alone or in conspiracy with another, shall deprive any person or class of persons of the equal protection of the laws of this state, or of the equal privileges and immunities under the laws of this state, including, without limitation, the protections, privileges and immunities guaranteed under article first of the Constitution of the state.”

AG Approach

California (CA CIVIL § 52.1)

"If a person or persons, whether or not acting under color of law, interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured."

Florida (FL ST §760.51)

“Whenever any person, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state, the Attorney General may bring a civil or administrative action for damages, and for injunctive or other appropriate relief for violations of the rights secured.”

Maine* (ME ST T.5 §4681)

“The Attorney General may bring a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the rights secured by the United States Constitution or the laws of the United States or of the rights secured by the Constitution of Maine or the laws of the State whenever any person, whether or not acting under color of law”.

Massachusetts (MA ST 12 § 11/1/2)

“If a person, including any plaintiff, prosecutor, attorney or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on, interferes with or attempts to infringe on or interfere with legally-protected health care activity, any aggrieved person, provider, carrier or other entity, including any defendant in such abusive litigation, may institute and prosecute a civil action for injunctive, monetary or other appropriate relief within 3 years after the cause of action accrues.”

New Jersey (NJ ST 10:6-2)

"If a person, whether or not acting under color of law, subjects or causes to be subjected any other person to the deprivation of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive or other appropriate relief.”

Rhode Island (RI ST §42-9.3-2)

"Whenever any person, whether or not acting under color of law, intentionally interferes or threatens to intentionally interfere, by physical force or violence against a person, by damage or destruction of property or by trespass on property, with the exercise or enjoyment by any other person of rights secured by the United States Constitution or the laws of the United States or of rights secured by the Constitution of Rhode Island or laws of the state, the attorney general may bring a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the rights secured.”

Criminal Penalties 

Alaska (AK ST §11.76.110)

"A person commits the crime of interference with constitutional rights if... (3) under color of law... the person intentionally deprives another of a right, privilege, or immunity in fact granted by the constitution or laws of this state"

California (CA PENAL §442.6)

"A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States”"

Delaware (DE ST TI 11 §1309)

"Whoever, under color of any law, statute, ordinance, regulation, or custom, knowingly subjects any person or group to the deprivation of any rights, privileges, or immunities secured or protected by the United States Constitution, the Delaware Constitution, or the laws of the State of Delaware, shall be guilty of a class A misdemeanor.”

Massachusetts (MA ST 265 § 37)

“No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him by the constitution or laws of the commonwealth or by the constitution or laws of the United States.” 

North Dakota (ND ST 12.1-14-05)

"A person is guilty of a class B misdemeanor if, whether or not acting under color of law, he, by force or threat of force or by economic coercion, intentionally:
1. Injures, intimidates, or interferes with another because he is or is about to exercise his civil rights, or because he has exercised his civil rights.” 

No Parallel

Arizona 

Georgia 

Hawaii 

Illinois*

Alabama 

Indidana

Iowa

Kansas

Kentucky 

Maryland

Michigan

Minnesota 

Mississippi

Missouri

Montana

Nevada 

Oklahoma 

Oregon

Pennsylvania 

South Carolina 

South Dakota 

Tennessee

Texas 

Utah 

Vermont 

Virginia 

West Virginia 

Wisconsin 

Wyoming 

You may be surprised by some states and where they are placed in the broader context of the US. What similarities do these states share? What values statement is made when a private civil rights action is available over criminal prosecution? Why allow private suit against a wrongdoer but also allow the AG to take over? Keep these questions in mind as you continue through the course. 

You'll also notice that some state equivalents do not have the 'under color of law' requirement that §1983 does. Do those statutes limit the cause of action in other ways? What effect do you think the change in language has on claims in general? Are there more claims? More successful claims? Or would there be a notable difference at all?

States marked with an asterisk have some form of limiting principle either through the text itself or through supporting case law. Can you identify those principles?