HF 2434 (LSB 6242YH (3) 90)

HOUSE FILE 2434

BY  THOMSON

A BILL FOR

An Act creating a cause of action for the violation of individual rights under state or federal law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  729B.1  Definitions.
   For purposes of this chapter, unless context otherwise requires:
   1.  “Federal government” means the executive departments, independent establishments of the United States, corporations acting as instrumentalities or agencies of the United States, and any contractor with the United States.
   2.  “Federal government employee or contractor” means an individual employed or contracted by the federal government, deputized by the federal government, incorporated into a task force with the federal government, or working in active cooperation with the federal government.
    Sec. 2.  NEW SECTION.  729B.2  Cause of action.
   1.  Any federal government employee or contractor who, under color of any statute, ordinance, regulation, custom, or usage, of the federal government, violates a right under the laws of this state or the United States, the Constitution of the United States, or the Constitution of the State of Iowa shall be liable to the party injured in an action for money damages.
   2.  The plaintiff bears the burden of proving a violation of a right by a preponderance of the evidence.
   3.  In an action under this chapter, a court shall enter a judgment supported by findings of fact and conclusions of law. The court shall make the findings of facts in a bench trial and the jury shall make the findings in a jury trial. The court shall make conclusions of law.
   4.  In any proceeding in which a plaintiff’s claim prevails, the defendant shall be liable for reasonable attorney fees and other litigation costs. Reasonable attorney fees include those incurred on an hourly or contingency basis, or by an attorney providing services on a pro bono basis.
   5.  The court shall recognize that a plaintiff’s claim prevails if the plaintiff obtains any relief the plaintiff seeks in the complaint, whether the relief is obtained through judgment, settlement, or the federal government’s voluntary change in behavior.
   6.  Under the rules of civil procedure, the court may dismiss a frivolous claim and may award reasonable attorney fees and costs to the defendant for defending against a frivolous claim.
   7.  All documents, including complaints, judgments, settlements, and consent decrees, are subject to chapter 22.
    Sec. 3.  NEW SECTION.  729B.3  Jurisdiction.
   An action under this chapter arises out of the laws of this state and is subject to Iowa rules of civil procedure.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates a cause of action for any person that has been deprived of any rights under the Constitution of the United States, the Constitution of the State of Iowa, or federal or state laws by a federal employee or contractor. The bill provides that the plaintiff bears the burden of proving a violation of a right by a preponderance of the evidence.
   The bill provides the court shall use findings of fact and conclusions of law to support an order entered under the new Code chapter.
   The bill provides that if a plaintiff prevails, the defendant may be liable for reasonable attorney fees and other litigation costs.
   Any action under this Code chapter shall be subject to the provisions of Code chapter 22 (open records).