|
|
6/11/2026
|
Assembly approves Leader Ciccone, Rep. Potter bills to ensure constitutional rights of Rhode Island residents upheld
|
STATE HOUSE – The General Assembly today approved legislation sponsored by Senate Majority Leader Frank A. Ciccone and Rep. Brandon Potter that protects the constitutional rights of Rhode Islanders from federal officials by creating a right to sue in state court.
The legislation (2026-S 2605, 2026-H 7202) would allow Rhode Island residents to file civil lawsuits in state court against federal officials who, while acting under federal authority, violate their constitutional rights, and it would restrict these officials’ ability to invoke legal immunity.
“States serve as an important safeguard when questions arise about the protection of constitutional rights. Rhode Island has an obligation to ensure that all law enforcement activity carried out within our communities meets the standards set forth in the Constitution.” said Leader Ciccone (D-Dist. 7, Providence, Johnston).
“Under the Trump administration, federal officials have invaded our states and blatantly disregarded the constitutional rights of the citizens whose communities they have occupied. These abuses are only growing more brazen. This federal government will not police itself, so individual Rhode Islanders need a defense in state courts to protect their constitutional rights, which is exactly what this legislation provides,” said Representative Potter (D-Dist. 16, Cranston). “For too long, federal officials have enjoyed broad immunity against lawsuits in federal court, a deficiency in our legal system that this lawless administration has made heartbreakingly clear. It’s time for states to step up to their residents’ defense, starting with Rhode Island.”
Rhode Island currently has no state cause of action to sue a federal official in a Rhode Island state court for violating the federal constitution, meaning that Rhode Islanders whose constitutional rights have been violated have to sue federal officials in federal courts, where judges have ruled that officials have broad immunity from these lawsuits.
Both Leader Ciccone and Representative Potter stressed that the legislation carefully considers constitutional limits, including the balance of authority between federal and state governments. He expressed confidence that states have the legal authority to ensure that actions taken within their jurisdictions respect the protections guaranteed by the Constitution.
“Our goal is to move forward in a way that is responsible, lawful, and firmly grounded in constitutional principles,” Leader Ciccone said. “At a time when many residents are looking to their state leaders for reassurance, it is important that we demonstrate both our commitment to the rule of law and our willingness to defend the rights of all Rhode Islanders.”
“Rhode Islanders who are punished for exercising their right to protest or who are improperly detained without probable cause would have cases under this law,” said Representative Potter. “As we see daily across the nation, these are not hypothetical concerns. It is better to act now to put this protection in place before the abuses we’re seeing elsewhere become common in Rhode Island.”
The law would apply only to federal officials and would create no new liability for state and local officials.
The legislation now heads to the governor for consideration.
For more information, contact:
Andrew Caruolo, Publicist
State House Room 20
Providence, RI 02903
(401)222-6124
|
|