HB1044: HB1044 Torts; deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide remedies

Georgia law currently has no specific civil lawsuit aimed at people who violate someone's constitutional rights while enforcing federal civil immigration law. This bill adds a new section to Georgia's tort law (O.C.G.A. Title 51) creating that lawsuit. Any Georgia resident, except state or local government employees, could sue a person who knowingly violates the U.S. Constitution or the Georgia Constitution while participating in civil immigration enforcement. The bill lets a plaintiff seek any relief available under common law, including money damages, injunctions, and court declarations, regardless of whether another law also applies. If a plaintiff seeks punitive damages from someone acting under color of law, the bill lists specific factors a court must weigh, 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, or used crowd control weapons like pepper spray or impact projectiles. Winning plaintiffs can recover attorney's fees and litigation costs.

• Creates a new civil lawsuit that Georgia residents (other than state or local government employees) can bring against anyone who knowingly violates their constitutional rights while doing civil immigration enforcement work.
• Allows plaintiffs to seek any monetary, injunctive, or declaratory relief available under common law, on top of or separate from any other legal claim they might have.
• Directs courts to weigh specific factors when deciding punitive damages against someone acting under color of law, including wearing a facial covering or failing to display identification.
• Lists using crowd control equipment, such as pepper spray, tear gas, or impact projectiles, and driving without a license plate as factors that can increase punitive damages.
• Requires courts to award reasonable attorney's fees, expert witness fees, and other litigation costs to a plaintiff who wins any part of the case.

Georgia residents who believe their constitutional rights were violated during civil immigration enforcement, people or agencies who carry out that enforcement (including law enforcement officers acting under color of law), and courts that would hear these new lawsuits and calculate punitive damages and fee awards.

The bill would give Georgians a specific, direct way to sue over constitutional violations tied to immigration enforcement, with courts required to weigh things like hidden identities, missing body camera footage, or use of crowd control weapons when setting punitive damages, and to award winning plaintiffs their legal costs.

• 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 lawsuit.
• Subsection (b) lets any Georgia resident, except state or local government employees, sue a person who knowingly violates the federal or Georgia constitution while engaged in civil immigration enforcement.
• Subsection (c) makes all common law monetary, injunctive, and declaratory remedies available, independent of any other statutory or common law claim, and sets six factors for judging punitive damages against someone acting under color of law.
• Subsection (d) requires courts to award reasonable attorney's fees, expert witness fees, and other litigation costs to a prevailing plaintiff, weighted by how much relief they actually won.
• Section 2 repeals any conflicting Georgia laws.

1. 2026-01-29House Second Readers (House)
2. 2026-01-28House First Readers (House)
3. 2026-01-27House Hopper (House)

• Shea Roberts (D, HD-052)Primary sponsor
• Samuel Park (D, HD-107)
• Omari Crawford (D, HD-089)
• Tanya Miller (D, HD-062)
• Stacey Evans (D, HD-057)
• Eric Bell (D, HD-075)

• immigration enforcement
• civil rights lawsuits
• police accountability
• punitive damages
• Georgia tort law