House
File
2434
-
Introduced
HOUSE
FILE
2434
BY
THOMSON
A
BILL
FOR
An
Act
creating
a
cause
of
action
for
the
violation
of
1
individual
rights
under
state
or
federal
law.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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6242YH
(3)
90
cm/jh
H.F.
2434
Section
1.
NEW
SECTION
.
729B.1
Definitions.
1
For
purposes
of
this
chapter,
unless
context
otherwise
2
requires:
3
1.
“Federal
government”
means
the
executive
departments,
4
independent
establishments
of
the
United
States,
corporations
5
acting
as
instrumentalities
or
agencies
of
the
United
States,
6
and
any
contractor
with
the
United
States.
7
2.
“Federal
government
employee
or
contractor”
means
an
8
individual
employed
or
contracted
by
the
federal
government,
9
deputized
by
the
federal
government,
incorporated
into
a
10
task
force
with
the
federal
government,
or
working
in
active
11
cooperation
with
the
federal
government.
12
Sec.
2.
NEW
SECTION
.
729B.2
Cause
of
action.
13
1.
Any
federal
government
employee
or
contractor
who,
under
14
color
of
any
statute,
ordinance,
regulation,
custom,
or
usage,
15
of
the
federal
government,
violates
a
right
under
the
laws
16
of
this
state
or
the
United
States,
the
Constitution
of
the
17
United
States,
or
the
Constitution
of
the
State
of
Iowa
shall
18
be
liable
to
the
party
injured
in
an
action
for
money
damages.
19
2.
The
plaintiff
bears
the
burden
of
proving
a
violation
of
20
a
right
by
a
preponderance
of
the
evidence.
21
3.
In
an
action
under
this
chapter,
a
court
shall
enter
a
22
judgment
supported
by
findings
of
fact
and
conclusions
of
law.
23
The
court
shall
make
the
findings
of
facts
in
a
bench
trial
and
24
the
jury
shall
make
the
findings
in
a
jury
trial.
The
court
25
shall
make
conclusions
of
law.
26
4.
In
any
proceeding
in
which
a
plaintiff’s
claim
prevails,
27
the
defendant
shall
be
liable
for
reasonable
attorney
fees
and
28
other
litigation
costs.
Reasonable
attorney
fees
include
those
29
incurred
on
an
hourly
or
contingency
basis,
or
by
an
attorney
30
providing
services
on
a
pro
bono
basis.
31
5.
The
court
shall
recognize
that
a
plaintiff’s
claim
32
prevails
if
the
plaintiff
obtains
any
relief
the
plaintiff
33
seeks
in
the
complaint,
whether
the
relief
is
obtained
through
34
judgment,
settlement,
or
the
federal
government’s
voluntary
35
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6242YH
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1/
2
H.F.
2434
change
in
behavior.
1
6.
Under
the
rules
of
civil
procedure,
the
court
may
dismiss
2
a
frivolous
claim
and
may
award
reasonable
attorney
fees
and
3
costs
to
the
defendant
for
defending
against
a
frivolous
claim.
4
7.
All
documents,
including
complaints,
judgments,
5
settlements,
and
consent
decrees,
are
subject
to
chapter
22.
6
Sec.
3.
NEW
SECTION
.
729B.3
Jurisdiction.
7
An
action
under
this
chapter
arises
out
of
the
laws
of
this
8
state
and
is
subject
to
Iowa
rules
of
civil
procedure.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
creates
a
cause
of
action
for
any
person
that
13
has
been
deprived
of
any
rights
under
the
Constitution
of
14
the
United
States,
the
Constitution
of
the
State
of
Iowa,
or
15
federal
or
state
laws
by
a
federal
employee
or
contractor.
The
16
bill
provides
that
the
plaintiff
bears
the
burden
of
proving
a
17
violation
of
a
right
by
a
preponderance
of
the
evidence.
18
The
bill
provides
the
court
shall
use
findings
of
fact
and
19
conclusions
of
law
to
support
an
order
entered
under
the
new
20
Code
chapter.
21
The
bill
provides
that
if
a
plaintiff
prevails,
the
22
defendant
may
be
liable
for
reasonable
attorney
fees
and
other
23
litigation
costs.
24
Any
action
under
this
Code
chapter
shall
be
subject
to
the
25
provisions
of
Code
chapter
22
(open
records).
26
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