2025 - 2026 LEGISLATURE
LRB-3561/1
SWB:cjs&emw
June 27, 2025 - Introduced by Senators Larson, Carpenter, Keyeski, Ratcliff and Habush Sinykin, cosponsored by Representatives Hysell, Mayadev, Bare, Arney, Clancy, DeSanto, DeSmidt, Emerson, Haywood, Hong, Joers, McCarville, Miresse, Moore Omokunde, Neubauer, Ortiz-Velez, Phelps, Prado, Rivera-Wagner, Roe, Sinicki, Snodgrass, Stroud, Stubbs, Subeck, Udell, Andraca and Madison. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB355,1,2
1An Act to create 895.059 of the statutes; relating to: establishing a civil cause
2of action for civil rights violations. Analysis by the Legislative Reference Bureau
This bill establishes a civil cause of action for civil rights violations. Under the bill, any person who has been deprived of any due process or equal protection rights, privileges, or immunities secured by the constitution or laws of the United States, or any rights, privileges, or immunities secured by the constitution or laws of this state, by a person acting under color of law, or whose exercise or enjoyment of those rights, privileges, or immunities has been interfered with or attempted to be interfered with, by threats, intimidation, or coercion by a person acting under color of law, has a cause of action and may bring suit against another person, including the state or any political subdivision, department, agency, or instrumentality of the state, for damages and for injunctive or other appropriate relief. The bill provides that the court must also award reasonable attorney fees and costs to a plaintiff that prevails in an action under the bill. Under the bill, a plaintiff must bring an action for a violation of the provisions in the bill within six years after the alleged violation occurs.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB355,1
1Section 1. 895.059 of the statutes is created to read: SB355,2,112895.059 Civil rights violations. (1) Any person who has been deprived of 3any due process or equal protection rights, privileges, or immunities secured by the 4constitution or laws of the United States, or any rights, privileges, or immunities 5secured by the constitution or laws of this state, by a person acting under color of 6law, or whose exercise or enjoyment of those rights, privileges, or immunities has 7been interfered with or attempted to be interfered with, by threats, intimidation, or 8coercion by a person acting under color of law, has a cause of action and may bring 9suit against another person, including the state or any political subdivision, 10department, agency, or instrumentality of the state, for damages and for injunctive 11or other appropriate relief. SB355,2,1512(2) In addition to any damages, injunction, or other appropriate relief 13awarded to a prevailing plaintiff in an action under this section, the court shall 14award the prevailing plaintiff, notwithstanding the limitations of s. 814.04, 15reasonable attorney fees and costs. SB355,2,1716(3) Sections 893.80 and 893.82 do not apply to actions commenced under this 17section. SB355,2,1918(4) An action under this section shall be commenced within 6 years after the 19alleged violation of sub. (1) occurs or be barred. SB355,220Section 2. Initial applicability. SB355,2,2221(1) This act first applies to a cause of action accruing on the effective date of 22this subsection.
