CAL.Regulation
California No Kings Act creates state-law action for federal constitutional violations under color of law
Governor Gavin Newsom signed SB 747, the No Kings Act, on September 29, 2026 (Chapter 752, Statutes of 2026), adding Civil Code section 53.8 as an urgency statute effective immediately. Any natural person who, under color of law, deprives someone of federal constitutional rights is liable to the injured party, and immunity defenses are limited to those available under 42 U.S.C. 1983. Claims must be filed within two years.
Enrolled text (California Legislative Information) → · Office of the Governor
Key points
- Chapter 752, Statutes of 2026, adds Civil Code section 53.8; as an urgency statute it took effect on signing, September 29, 2026.California Legislative Information
- Any natural person acting under color of law who deprives a person of federal constitutional rights is liable to the injured party.California Legislative Information
- Federal, state and local officials may claim absolute or qualified immunity only to the extent available under 42 U.S.C. 1983.California Legislative Information
- Applies retroactively to March 1, 2025; for earlier conduct, only nominal and compensatory damages are available.California Legislative Information
- Actions must be commenced within two years after the claim accrues; courts may award attorney fees and costs to prevailing plaintiffs.California Legislative Information
- Newsom signed it on September 29, 2026, as part of a package of bills responding to federal immigration enforcement.Office of the Governor
Sources2 articles across 2 outlets
California Legislative Information
Office of the Governor