HF3477

Purpose

To establish a private civil rights remedy for people in Minnesota when rights protected by the U.S. Constitution or the Minnesota Constitution are violated under color of law, and to require that collaborations between state/local law enforcement and federal agencies meet constitutional accountability standards.

Main Provisions

• Civil rights action under color of law (Section 604.51, Subdivision 1)

  • Creates a cause of action for any person whose rights under the U.S. Constitution or Minnesota Constitution are deprived by actions taken under color of any statute, ordinance, regulation, custom, or usage of the United States or any state, territory, or the District of Columbia.
  • A prevailing plaintiff can receive reasonable attorney fees and costs.
  • The action must be filed within six years after the civil rights violation accrues.

• Intergovernmental collaboration agreements (Section 604.51, Subdivision 2)

  • A state or local law enforcement agency may not join any voluntary collaboration, task force, or partnership with a federal government agency unless the federal agency provides written agreement that:
  • It will abide by both the United States Constitution and the Minnesota Constitution while operating in the collaboration, and
  • The federal agency’s officers, employees, or agents may be held liable under the civil rights action in Subdivision 1 for any constitutional violations.

Significant Changes to Existing Law

• Adds a Minnesota-specific private right of action for violations of constitutional rights under color of law, with damages, attorney fees, and costs.
• Introduces a new requirement for federal agencies to sign a written agreement affirming constitutional compliance and personal liability for constitutional violations when working with Minnesota/state agencies.
• Sets a six-year deadline for bringing such claims, establishing a defined statute of limitations for these actions.

Practical Implications

• Individuals in Minnesota could sue both state/local actors and, under the collaboration rules, potentially federal agencies or their personnel for constitutional violations occurring under color of law.
• Federal agencies participating in joint operations with Minnesota agencies could face liability if they fail to adhere to constitutional requirements and if violations occur.
• The bill emphasizes accountability and seeks to ensure constitutional protections are observed in intergovernmental policing efforts.

Potential Considerations

• The establishment of a private right of action at the state level complements existing federal civil rights remedies but creates a parallel avenue for redress in Minnesota.
• The requirement for written agreements from federal agencies introduces a new governance mechanism for interagency collaborations.

Relevant Terms - action for redress - civil rights - rights under color of law - United States Constitution - Minnesota Constitution - statute, ordinance, regulation, custom, usage - deprive/deprivation of rights - attorney fees and costs - six years (statute of limitations) - intergovernmental collaboration agreements - state or local law enforcement agency - federal government agency - collaboration, task force, partnership - liability - officers, employees, or agents - abide by constitutions - Subdivision 1 (of 604.51)