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Read. Follow. Verify.West Virginia Bill Creates Civil Remedy for Constitutional Rights Violations by Federal Employees
Last action · February 12, 2026: To House JudiciarySponsors: Sean Hornbuckle and 5 others
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What This Bill Proposed
House Bill 5473 establishes a state-level civil cause of action allowing individuals to sue federal officers or employees who violate constitutional rights while acting outside the scope of their federal employment. The measure applies specifically when substitution of the United States as a defendant is unavailable under federal law.
Residents gain a direct path to seek civil relief in state courts for constitutional violations committed by federal workers operating outside authorized duties, filling a gap where federal substitution rules do not apply.
- Federal employees are generally protected from individual liability under the Westfall Act (28 U.S.C. § 2679), which allows the United States to be substituted as the defendant in tort suits arising from acts performed within the scope of federal employment. context
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
Federal officers and employees
Federal workers face potential civil liability in state actions when their conduct violates constitutional rights and falls outside the scope of their employment.
Persons within West Virginia
Individuals gain a state-level civil remedy to seek relief for constitutional rights violations committed by federal personnel under specific circumstances.
Key Facts
You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.
Frequently Asked Questions
Can I sue the United States government under this bill?
When does this civil remedy apply?
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Died at adjournment · in House committee.
Procedural history
4 actions- Feb 12, 2026HouseCommitteeTo House Judiciary
- Feb 12, 2026HouseIntroducedIntroduced in House
- Feb 12, 2026HouseCommitteeTo Judiciary
- Feb 12, 2026HouseIntroducedFiled for introduction
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Show 1 more sponsor
Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
Creation of State Civil Remedy Against Federal Actors
The legislation introduces a mechanism to address unconstitutional conduct by federal employees in state court when federal substitution under 28 U.S.C. § 2679 is unavailable.
Connected Entities
Sources
www.wvlegislature.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 65)
- Controversy75Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz40Current news / social attention level
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