SF3629

Purpose

This bill creates a new legal remedy in Minnesota for violations of civil rights that occur under color of law, and it adds rules about how state and local law enforcement can work with federal law enforcement agencies.

Main Provisions

• Establishes a new civil rights action under color of law (Section 604.51) for deprivation of rights protected by the United States Constitution or the Minnesota Constitution.
• Provides that a prevailing plaintiff can receive damages, injunctive or other appropriate relief, and also reasonable attorney fees and costs.
• Sets a time limit: an action must be begun within six years after the rights were violated (the accrual of the action).

Civil Rights Action and Remedies

• The action can be brought when a person is subject to deprivation of rights under color of any statute, ordinance, regulation, custom, or usage of the United States or any state or territory, including the District of Columbia.
• The court may grant remedies such as damages and injunctions, and must award reasonable attorney fees and costs to the prevailing plaintiff.
• The six-year period applies from when the action accrues.

Intergovernmental Collaboration Restrictions

• State or local law enforcement agencies may not enter into voluntary collaboration, task force participation, or partnerships with a federal government agency unless the federal agency agrees in writing that it will abide by the United States Constitution and the Minnesota Constitution while working in the collaboration.
• The federal agency’s officers, employees, or agents may be held liable under the civil rights provision (Subd.1) for any violations of the US or MN Constitutions that occur in the collaboration.

Practical Effects and Potential Impacts

• Creates a direct civil rights liability pathway against federal actors operating under color of law within Minnesota when constitutional rights are violated.
• Adds a constitutional accountability requirement for federal involvement in collaborations with Minnesota law enforcement.
• Aligns collaboration practices with constitutional protections and clarifies potential liability for constitutional violations in joint operations.

Significant Changes to Existing Law

• Introduces a new cause of action (604.51) for civil rights violations under color of law in Minnesota.
• Extends potential liability to federal government agency personnel acting in collaboration with Minnesota authorities.
• Imposes a written assurance requirement for constitutional compliance in intergovernmental collaboration agreements.
• Clarifies remedies, including attorney fees, and sets a six-year statute of limitations.

Relevant Terms civil rights; color of law; United States Constitution; Minnesota Constitution; attorney fees; costs; six years; accrual; action at law; suit in equity; redress; intergovernmental collaboration agreements; state or local law enforcement; federal government agency; liability; officers; employees; agents; constitutional compliance; injunction; damages; Minnesota Statutes; chapter 604; Section 604.51