Civil Actions - Violation of Constitutional Rights (No Kings Act), the official text

WES MOORE, Governor                           Ch. 460

Chapter 460

                   (Senate Bill 346)

AN ACT concerning

             Civil Actions – Violation of Constitutional Rights
                                        (No Kings Act)

FOR the purpose of establishing certain civil liability for an individual who, under color of
         law, deprives another, or causes or allows another to be deprived, of a right, a
         privilege, or an immunity secured by the U.S. Constitution or the laws of the United
         States; and generally relating to civil liability for the deprivation of Constitutional
         rights.

BY adding to
         Article – Courts and Judicial Proceedings
         Section 3–2701 and 3–2702 to be under the new subtitle “Subtitle 27. Action for
                  Deprivation of Constitutional Rights”
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Courts and Judicial Proceedings

SUBTITLE 27. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS.

3–2701.

        IN THIS SUBTITLE, (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

        (B) (1) “COVERED OFFICER” MEANS, EXCEPT AS PROVIDED IN
PARAGRAPH (2) OF THIS SUBSECTION, AN OFFICER WHO MAY:

                         (I) MAKE AN ARREST WITH OR WITHOUT A WARRANT FOR
VIOLATIONS OF THE UNITED STATES CODE; AND

             (II) CARRY FIREARMS IN THE PERFORMANCE OF THE OFFICER’S

DUTIES.

                (2) “COVERED OFFICER” DOES NOT INCLUDE A LAW ENFORCEMENT
OFFICER, AS DEFINED IN § 1–101 OF THE PUBLIC SAFETY ARTICLE, ACTING UNDER

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Ch. 460           2026 LAWS OF MARYLAND

THE AUTHORITY OF A JOINT TASK FORCE THAT PRIMARILY ENFORCES THE UNITED
STATES CODE.

(C) “LAW LAW” INCLUDES:

         (1) THE U.S. CONSTITUTION; AND

         (2) THE MARYLAND DECLARATION OF RIGHTS;

         (3) THE MARYLAND CONSTITUTION;

         (4) (2)  THE LAWS OF THE UNITED STATES; AND.

         (5) THE LAWS OF MARYLAND.

3–2702.

        (A) (1) AN AGGRIEVED PARTY OR THE OFFICE OF THE ATTORNEY
GENERAL MAY BRING AN ACTION AGAINST AN INDIVIDUAL A COVERED OFFICER
WHO, UNDER COLOR OF LAW, DEPRIVES THE AGGRIEVED PARTY OR CAUSES OR

ALLOWS THE AGGRIEVED PARTY TO BE DEPRIVED OR CAUSES OR ALLOWS THE

AGGRIEVED PARTY TO BE DEPRIVED OF A RIGHT, A PRIVILEGE, OR AN IMMUNITY
SECURED BY THE U.S. CONSTITUTION UNDER THE LAW.

                (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, IN AN ACTION
UNDER THIS SECTION, AN AGGRIEVED PARTY AN AGGRIEVED PARTY OR THE OFFICE
OF THE ATTORNEY GENERAL MAY SEEK DAMAGES AND DECLARATORY AND
INJUNCTIVE RELIEF IN AN ACTION BROUGHT UNDER THIS SECTION.

                (3) IN AN ACTION UNDER THIS SECTION AGAINST A JUDICIAL
OFFICER, INJUNCTIVE RELIEF IS AVAILABLE ONLY IF A DECLARATORY JUDGMENT
IS VIOLATED OR DECLARATORY RELIEF IS UNAVAILABLE.

        (B) (1) A DEFENDANT IN AN ACTION UNDER THIS SECTION MAY ASSERT A

DEFENSE OF ABSOLUTE OR QUALIFIED IMMUNITY TO THE SAME EXTENT AS A

PERSON SUED UNDER 42 U.S.C. § 1983 UNDER LIKE CIRCUMSTANCES.

                (2) THIS SECTION MAY NOT BE CONSTRUED TO WAIVE OR ABROGATE
ANY DEFENSE OF SOVEREIGN IMMUNITY OTHERWISE AVAILABLE A DEFENDANT IN

AN ACTION UNDER THIS SECTION MAY ASSERT ANY DEFENSE OF IMMUNITY THAT

WAS AVAILABLE AT THE TIME THE CAUSE OF ACTION ACCRUED.

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           WES MOORE, Governor                                 Ch. 460

        (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
COURT MAY AWARD REASONABLE FEES AND COSTS, INCLUDING ATTORNEY’S FEES
AND EXPERT WITNESS FEES, TO A PREVAILING PLAINTIFF UNDER THIS SECTION.

                (2) A COURT MAY NOT AWARD FEES OR COSTS UNDER THIS SECTION

AGAINST A JUDICIAL OFFICER UNLESS THE JUDICIAL OFFICER ACTED CLEARLY IN

EXCESS OF THE JUDICIAL OFFICER’S JURISDICTION A COURT MAY AWARD
REASONABLE FEES AND COSTS, INCLUDING ATTORNEY’S FEES AND EXPERT WITNESS
FEES, TO A PREVAILING PLAINTIFF UNDER THIS SECTION.

        (D) AN ACTION UNDER THIS SECTION SHALL BE FILED WITHIN 3 YEARS

AFTER THE CAUSE OF ACTION ACCRUES

                (1) AN ACTION UNDER THIS SECTION SHALL BE FILED WITHIN 5
YEARS AFTER THE CAUSE OF ACTION ACCRUED.

           (2) THIS SECTION MAY NOT BE CONSTRUED TO ABROGATE:

                         (I) ANY STATE OR LOCAL GOVERNMENT LIABILITY UNDER
STATE OR COMMON LAW FOR THE ACTIONS OF STATE OR LOCAL GOVERNMENT
EMPLOYEES; OR

           (II) ANY STATUTORY WAIVER OF ANY DEFENSE, INCLUDING

IMMUNITY.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to any
civil action pending on the effective date of this Act.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026

         SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application of any provision of this Act to any person or circumstance is held invalid for
any reason in a court of competent jurisdiction, the invalidity does not affect other
provisions or any other application of this Act that can be given effect without the invalid
provision or application, and for this purpose the provisions of this Act are declared
severable.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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