SB397: SB397 Torts; remedies for deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide

Currently, Georgia law does not provide a specific state-law lawsuit against people who violate someone's constitutional rights while enforcing civil immigration law. This bill adds a new section to Georgia's tort law (O.C.G.A. § 51-1-58) that lets any state resident, other than a state or local government employee, sue a person who knowingly violates the U.S. Constitution or Georgia's Constitution while participating in civil immigration enforcement. The bill allows the same range of monetary, injunctive, and declaratory remedies available under existing common law, regardless of whether the person also has a claim under another law. If a plaintiff seeks punitive damages against someone acting under color of law, the court must weigh factors such as whether the person wore a facial covering, failed to identify themselves as a law enforcement officer, skipped a required body camera, drove without a license plate, used crowd control equipment, or violated a related court order. A prevailing plaintiff is entitled to reasonable attorney's fees and litigation costs. The bill has no separate effective date stated beyond standard enactment.

• Creates a new civil lawsuit right for Georgia residents against people who knowingly violate their constitutional rights while performing civil immigration enforcement.
• Excludes state or local government employees from being able to bring this particular lawsuit as plaintiffs.
• Defines 'crowd control equipment' and 'facial covering' to identify aggravating conduct relevant to punitive damages.
• Directs courts to weigh six specific factors, including wearing a mask or failing to display identification, when deciding how reprehensible a defendant's conduct was for punitive damages.
• Requires courts to award reasonable attorney's fees and litigation costs to any plaintiff who prevails under this new law.
• Repeals any existing Georgia laws that conflict with this new provision.

Georgia residents who believe their constitutional rights were violated during civil immigration enforcement, individuals or officers who participate in such enforcement (excluding state and local government employees as plaintiffs), law enforcement agencies whose officers' conduct could trigger punitive damage factors, and courts handling these new civil claims.

People who feel their rights were violated during immigration enforcement actions would gain a specific new way to sue in Georgia courts and could recover damages plus attorney's fees if they win. Officers who mask their faces, hide their identity, or skip body cameras could face increased damages exposure.

• Section 1 adds new Code Section 51-1-58 to Chapter 1 of Title 51, defining 'crowd control equipment,' 'facial covering,' and 'prevailing party' for purposes of the new claim.
• Subsection (b) creates the right to sue for any state resident, except government employees, against a person who knowingly violates constitutional rights while engaged in civil immigration enforcement.
• Subsection (c) makes all common-law remedies (money damages, injunctions, declaratory relief) available under the new claim and lists six factors courts must consider for punitive damages, including facial coverings, failure to identify as an officer, missing body camera footage, unmarked vehicles, use of crowd control equipment, and violating related court orders.
• Subsection (d) requires courts to award reasonable attorney's fees, expert witness fees, and litigation costs to a prevailing plaintiff, considering how much relief was actually obtained.
• Section 2 repeals any conflicting Georgia 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
• tort law
• police accountability
• attorney's fees