SF3628

Purpose

This bill creates a new civil rights action for violations that occur under color of law and sets rules for state and local collaborations with federal law enforcement agencies. It aims to give individuals a legal remedy when government actors violate rights, and to require written agreements that federal agencies in joint operations follow both the U.S. and Minnesota Constitutions.

Main Provisions

• Subdivision 1 – Action for violation of civil rights

  • Creates a cause of action for any person within Minnesota (or another jurisdiction) whose rights protected by the U.S. Constitution or the Minnesota Constitution are deprived by actions “under color of any statute, ordinance, regulation, custom, or usage” of the United States or any state or territory, including the District of Columbia.
  • Remedies include damages, injunctions, or other appropriate relief. A prevailing plaintiff may also receive reasonable attorney fees and costs.
  • The action must be brought within six years after the rights violation accrues.

• Subdivision 2 – Intergovernmental collaboration agreements

  • A state or local law enforcement agency may not enter into any voluntary collaboration, task force, or partnership with a federal government agency unless the federal agency signs a written agreement confirming that, while operating in the collaboration, it will abide by the U.S. Constitution and the Minnesota Constitution.
  • The federal agency’s officers, employees, or agents may be held liable under the civil rights provision (Subdivision 1) for any constitutionally protected rights violations that occur.

Significant Changes to Existing Law

• Introduces a Minnesota-specific civil rights action modeled on the concept of “color of law” violations, expanding potential lawsuits to include actions by federal agents in Minnesota-related collaborations.
• Requires written assurances from federal agencies about adherence to both constitutions in joint operations.
• Establishes liability for federal agency personnel in addition to state and local actors when collaborating on federal cases or operations that violate civil rights.
• Adds a clear statute of limitations (six years) and allows recovery of attorney fees and costs for prevailing plaintiffs.

Practical Implications

• Individuals and communities in Minnesota would have a clearer legal pathway to challenge rights violations by government actors during joint federal-state/local operations.
• Federal agencies would face potential liability in Minnesota for actions taken under color of federal authority during collaborations with state or local law enforcement.

How this interacts with existing law

• Builds on the concept of civil rights lawsuits by incorporating “under color of law” language and extending liability to federal agencies in collaborative settings.
• Aligns collaboration practices with constitutional obligations, requiring written agreements to ensure compliance.

Relevant Terms civil rights, color of law, United States Constitution, Minnesota Constitution, deprivation of rights, damages, injunction, attorney fees, costs, six years, accrues, action at law, suit in equity, intergovernmental collaboration agreements, state or local law enforcement agency, federal government agency, officers, employees, agents, liability, collaboration task force, partnership.