S-3950.1 _______________________________________________
SENATE BILL 6537
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State of Washington 54th Legislature 1996 Regular Session
By Senators Roach, Hargrove, Kohl, Heavey, McCaslin, Schow, Hochstatter, Haugen, Fairley, Oke and Winsley
Read first time 01/17/96. Referred to Committee on Law & Justice.
AN ACT Relating to the civil rights act of 1996; and adding a new chapter to Title 7 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature hereby declares that the state Constitution embodies a public policy of the highest priority. This chapter shall be known as the civil rights act of 1996. It is an exercise of the police power of the state of Washington to protect the public welfare, health, and peace of the people of the state of Washington and to fulfill the provisions of the state Constitution. It is the intent of the legislature that persons who are victimized by a violation of the state Constitution be eligible for all remedies and that future violations of the state Constitution be deterred thereby.
NEW SECTION. Sec. 2. Every natural person, or governmental entity, that, under color of any statute, ordinance, regulation, custom, or usage, or in any manner otherwise prohibited by the state Constitution, subjects or causes to be subjected, any resident, inhabitant, or domiciliary of the state of Washington to the deprivation of any rights, privileges, or immunities secured by the state Constitution, is liable to the party injured in an action at law, suit in equity, or other proper proceeding for the redress.
NEW SECTION. Sec. 3. The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof, and shall provide no fewer remedies than those available under the civil rights act of 1871 (42 U.S.C. Sec. 1983). Nothing contained in this chapter shall be construed to deny the right of any person to institute any action or pursue any civil or criminal remedy based upon an alleged violation of his or her civil rights.
NEW SECTION. Sec. 4. In any action or proceeding to enforce a provision of this chapter the court, in its discretion, may allow the prevailing party reasonable attorneys' fees and all costs, including, but not limited to, expert witness fees. Attorneys' fees shall be awarded to the prevailing plaintiff unless special circumstances exist to render such an award unjust. A prevailing defendant may be awarded attorneys' fees under the provisions of this chapter only where the underlying claim is frivolous or totally without merit.
NEW SECTION. Sec. 5. Sections 1 through 4 of this act shall constitute a new chapter in Title 7 RCW.
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