Proposed legislation in California, New York would allow residents to sue federal agents
SACRAMENTO, CA - July 17: California state Capitol for file art. Photographed at state Capitol on Sunday, July 17, 2022 in Sacramento, CA. (Myung J. Chun / Los Angeles Times via Getty Images)
OAKLAND, Calif. - Following the shooting death of a Minneapolis woman at the hands of federal agents on Wednesday, lawmakers in New York and other states have moved to introduce legislation that allows federal agents to be sued in state court. Those bills echo the language of a California bill introduced by State Senator Scott Wiener last year.
Wiener’s SB 747, also called the No Kings Act, strengthens civil rights laws by allowing Californians to sue federal officials for violating their First, Fourth or Fifth Amendment rights. Those rights include freedom of speech, protection against unlawful searches, unreasonable seizures at checkpoints without probable cause or a warrant, excessive force during arrests, and targeting people based on race or political identity.
"If federal officers can shoot a woman in broad daylight and face no accountability, our rights are doing little to protect us," Wiener said in a press release. "When ICE or any federal agents violate the law so brazenly, we must hold them accountable or risk losing our freedoms. The No Kings Act provides a path to justice and accountability for those harmed by the government violating their constitutional rights, at a time when the list of those abuses stacks higher and higher each day."
Wiener introduced the bill in November, and it’s currently scheduled for a hearing on Jan. 13.
Strong support
Multiple legal scholars have said the bill is constitutional, because the constitution is the "fundamental and paramount law of the nation," so by definition, unconstitutional acts cannot be authorized by federal law, and therefore do not preempt state law.
"The Bane Act is a (groundbreaking) statute that already allows victims of government abuse to sue for violations of individual rights, whether under the California Constitution or the United States Constitution," Anya Bidwell, Senior Attorney at Institute for Justice said in a statement. "This amendment broadens the statute’s reach and reclaims California’s rightful place as a traditional forum for accountability."
New York Governor Kathy Hochul is expected to propose a similar measure that would allow New Yorkers to file lawsuits in state court against federal officials accused of violating their constitutional rights, Politico reports. Likeminded bills have already been introduced in that state’s legislature, in response to President Donald Trump’s push to accelerate deportations.
"No one — not even a federal agent — is above the constitution. The No Kings Act will enshrine this bedrock principle into California law," Cristine Soto DeBerry, Executive Director of Prosecutors Alliance Action, said in a statement. "More and more, we're seeing federal agents terrorize communities, rip families apart, and subject people to unconscionable conditions. California will not stand by while our residents are brutalized and the rule of law is ignored. This bill is how we defend the Constitution — and the people it's meant to protect."
What they're saying
Trump Administration officials have called the shooting in Minneapolis justified, and claim the victim, 37-year-old mother Renee Good, was attempting to strike officers with her vehicle.
Following the shooting, Trump claimed in a Truth Social post that Good had "violently, willfully, and viciously ran over the ICE officer," and that it was "hard to believe he is alive, but is now recovering in the hospital."
Multiple videos of the incident contradict Trump and his administration’s claims and show the ICE agent, later identified as Jonathan Ross, was not struck by the vehicle, and walked away from the scene after he fired the shots that killed Good.
The administration has not identified Ross by name, but Department of Homeland Security Secretary Kristi Noem said the agent who shot Good had been dragged by a vehicle last June, and a department spokesperson confirmed Noem was referring to a case in which documents identified Ross as the officer who was injured.
Vice President JD Vance on Thursday said Ross is "protected by absolute immunity," a claim that drew immediate pushback from legal experts.