§ 85. Action for deprivation of constitutional rights by government\nofficials acting under color of law. 1. Liability. Any person who, under\ncolor of any law, statute, ordinance, regulation, custom, or usage of\nthe United States and of any state or territory or the District of\nColumbia, subjects, or causes to be subjected, any citizen of the United\nStates or other person within the jurisdiction thereof to the\ndeprivation of any rights, privileges, or immunities secured by the\nconstitution of the United States, shall be liable to the party injured\nin an action at law, suit in equity, or other proper proceeding for\nredress, except that in any action brought against a judicial officer\nfor an act or omission taken in such officer's judicial capacity,\ninjunctive relief shall not be granted unless a declaratory decree was\nviolated or declaratory relief was unavailable.\n 2. Remedies. In any action brought under this section, the court may\naward:\n a. Compensatory damages, including damages for emotional distress,\npain and suffering, and other non-economic damages;\n b. Punitive damages where the violation is found to be malicious,\nwanton, willful, or in reckless disregard of the plaintiff's rights;\n c. Injunctive and declaratory relief;\n d. Nominal damages; and\n e. Reasonable attorneys' fees and costs to a prevailing plaintiff,\nexcept that in any action brought against a judicial officer for an act\nor omission taken in such officer's judicial capacity such officer shall\nnot be held liable for any costs, including attorneys' fees, unless such\naction was clearly in excess of such officer's jurisdiction.\n 3. This section shall apply retroactively to January first, two\nthousand twenty-five, provided that for any claim for a violation of the\nUnited States Constitution that occurred between January first, two\nthousand twenty-five, and the effective date of this section, the only\nmonetary damages that shall be available pursuant to this section for\nsuch constitutional violation are nominal and compensatory damages.\n
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