SB 397: Torts; remedies for deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide

Currently, Georgia residents who believe their constitutional rights were violated by immigration enforcement personnel have limited state law tools to sue those individuals directly. This bill adds a new section to Georgia's tort law (O.C.G.A. Title 51, Chapter 1) creating a specific civil lawsuit for that situation. Any Georgia resident, other than a government employee, could sue a person who, while taking part in civil immigration enforcement, knowingly violates the U.S. Constitution or the Georgia Constitution. Plaintiffs could seek money damages, injunctions (court orders stopping conduct), and declaratory relief. If the defendant acted under government authority and the plaintiff seeks punitive damages, courts would weigh factors like whether the officer wore a face covering, hid their identity or badge, skipped required body camera use, drove without a license plate, used crowd control weapons, or violated a related court order. Winning plaintiffs would automatically get attorney's fees and costs.

• Creates a new state lawsuit letting Georgia residents (not government employees) sue people who knowingly violate constitutional rights while doing civil immigration enforcement.
• Allows plaintiffs to seek money damages, injunctions, and declaratory relief regardless of whether another law already covers the same conduct.
• Sets six factors courts must weigh when deciding punitive damages against defendants acting under government authority, including hiding one's identity, skipping required body cameras, or using crowd control weapons.
• Requires courts to award winning plaintiffs their attorney's fees, expert witness fees, and other litigation costs.
• Defines terms used in the new law, including 'crowd control equipment,' 'facial covering,' and 'prevailing party.'

Georgia residents who believe their constitutional rights were violated during civil immigration enforcement, and the individuals carrying out that enforcement, including law enforcement officers acting under government authority. State and local government officers and employees are excluded from suing under this law.

The bill would give Georgians a new, direct path to sue immigration enforcement personnel in state court over constitutional violations, with guaranteed attorney's fees for winners. It also creates specific incentives for officers to identify themselves, wear body cameras, and avoid unmarked vehicles or masks during enforcement actions.

• New Code section 51-1-58(a) defines 'crowd control equipment,' 'facial covering,' and 'prevailing party' for purposes of the new law.
• Subsection (b) creates the right to sue for any Georgia resident, except government officers or employees, against anyone who knowingly violates constitutional rights while participating in civil immigration enforcement.
• Subsection (c) makes all common law remedies (money damages, injunctions, declaratory relief) available and lists six factors for judging punitive damages against defendants acting under color of law, including facial coverings, hidden identity, missing body camera footage, unmarked vehicles, use of crowd control weapons, and violation of related court orders.
• Subsection (d) requires courts to award reasonable attorney's fees, expert witness fees, and litigation costs to any plaintiff who prevails, considering how much of the relief sought was actually obtained.
• Section 2 repeals any conflicting laws.

1. 2026-01-14Senate Read and Referred (Senate)
2. 2026-01-13Senate Hopper (Senate)

• Josh McLaurin (D, SD-014)Primary sponsor
• Harold Jones (D, SD-022)
• Kim Jackson (D, SD-041)
• Nan Orrock (D, SD-036)
• Freddie Sims (D, SD-012)
• Nikki Merritt (D, SD-009)
• Sheikh Rahman (D, SD-005)
• Elena Parent (D, SD-044)
• Kenya Wicks (D, SD-034)
• RaShaun Kemp (D, SD-038)
• Jaha Howard (D, SD-035)

• immigration enforcement
• civil rights lawsuits
• police accountability
• tort law
• constitutional rights