Government operations
Civil rights: deprivation of federal constitutional rights, privileges, and immunities
California creates a state-law claim for people deprived of U.S. constitutional rights by someone acting under governmental authority.
The No Kings Act gives Californians and others in the state a state-court route to seek redress for federal constitutional violations. It took effect immediately and generally reaches violations occurring on or after March 1, 2025.
What the law does
- Allows an injured person to sue a natural person acting under federal, state, or local governmental authority for depriving them of rights protected by the U.S. Constitution.
- Permits courts to award prevailing plaintiffs reasonable attorney’s fees and costs.
- Limits absolute and qualified immunity defenses to the same scope available in comparable federal civil-rights suits, while preserving otherwise available sovereign-immunity defenses.
- Requires suits within two years after the claim arises.
- Limits damages for violations between March 1, 2025, and the law’s effective date to nominal and compensatory damages, with exceptions for claims already finally decided on the merits.
Who it affects
- People in California whose U.S. constitutional rights are allegedly violated by a person acting under governmental authority.
- Federal, state, and local officials sued in their individual capacities.
- Judicial officers, for whom injunctions, fees, and costs are more limited for actions taken in a judicial capacity.
Context
The law does not create new constitutional rights; it creates a state-law remedy for violations of existing U.S. constitutional rights.