LRB-5559/1
SWB&JAM:cdc
2021 - 2022 LEGISLATURE
January 21, 2022 - Introduced by Representatives Moses, Murphy, Horlacher,
Knodl and Sortwell, cosponsored by Senators Roth,
Jagler and Nass.
Referred to Committee on Colleges and Universities.
AB885,1,3
1An Act to create 893.828 of the statutes;
relating to: eliminating immunity for
2public campus administrators from liability for violations of individual
3expressive rights under the declaration of rights in the Wisconsin Constitution.
Analysis by the Legislative Reference Bureau
This bill eliminates immunity for certain campus administrators from liability
for violations of certain individual expressive rights. The bill defines a “campus
administrator” as a University of Wisconsin System or technical college district
board employee who is an academic staff member in an academic administrator,
administrative director, or administrative officer position or a position with similar
duties of authority to determine policy or administer violations. Under the bill, a
person may bring a claim against a campus administrator if that administrator
subjects a person or causes a person to be subjected to the deprivation of any
individual expressive rights secured under article I of the Wisconsin Constitution on
a University of Wisconsin System or technical college system campus. The bill
provides that none of the following applies or may be used as a defense to claims made
under the bill: 1) statutory immunity; 2) statutory limitations on damages; 3) any
claim that the rights, privileges, or immunities secured by article I of the Wisconsin
Constitution or the U.S. Constitution were not clearly established at the time of the
conduct; or 4) any claim that the campus administrator acted in good faith or believed
his or her conduct to be lawful at the time the conduct was committed, or that the
campus administrator did not intend to cause a deprivation of the rights, privileges,
or immunities secured by article I of the Wisconsin Constitution or the U.S.
Constitution.
The bill allows for the recovery of reasonable attorney fees and costs by a
prevailing plaintiff and, if a plaintiff's claims are found to be frivolous, a defendant
may also be awarded reasonable costs and attorney fees. Under the bill, actions
against a college administrator must be commenced within two years after the cause
of action accrues.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB885,1
1Section
1. 893.828 of the statutes is created to read:
AB885,2,7
2893.828 Violations of state constitutional expressive rights. (1) In this
3section, “campus administrator” means a University of Wisconsin System or
4technical college district board employee who is an academic staff member in an
5academic administrator, administrative director, or administrative officer position
6or a position with similar duties of authority to determine policy or administer
7violations.
AB885,2,13
8(2) A campus administrator who, under color of law, subjects or causes to be
9subjected, including failing to intervene, any other person to the deprivation of any
10individual expressive rights secured by the declaration of rights under article I of the
11Wisconsin Constitution on a University of Wisconsin System or technical college
12system campus, specifically rights under article I, section 1, 3, or 4, is liable to the
13injured party for legal or equitable relief or any other appropriate relief.
AB885,2,15
14(3) For claims brought under this section, none of the following may be applied
15or used as a defense to liability:
AB885,2,1616
(a) Statutory immunity granted under s. 893.80 (4).
AB885,2,1817
(b) Any statutory limitations on damages, including those under ss. 893.80 (3)
18and 893.82.
AB885,3,3
1(c) Any claim that the rights, privileges, or immunities secured by article I of
2the Wisconsin Constitution or the U.S. Constitution were not clearly established at
3the time of their deprivation by the defendant.
AB885,3,84
(d) Any claim that the defendant acted in good faith or believed his or her
5conduct to be lawful at the time when the conduct was committed, or that the
6defendant did not intend to cause a deprivation of the rights, privileges, or
7immunities secured by article I of the Wisconsin Constitution or the U.S.
8Constitution.
AB885,3,15
9(4) In any action brought under this section, notwithstanding s. 814.04 (1), a
10court shall award reasonable attorney fees and costs to a prevailing plaintiff. In
11actions for injunctive relief, a court shall deem a plaintiff to have prevailed if the
12plaintiff's suit was a substantial factor or significant catalyst in obtaining the results
13sought by the litigation. When a judgment is entered in favor of a defendant, the
14court may, notwithstanding s. 814.04 (1), award reasonable costs and attorney fees
15to the defendant for defending any claims the court finds frivolous.
AB885,3,17
16(5) A civil action brought under this section must be commenced within 2 years
17after the cause of action accrues.
