Sec. 7. Civil action for damages for political targeting
279 words·~1 min read·
/bill/119/s/3646/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered person may bring a civil action in an appropriate district court of the United States or the United States District Court for the District of Columbia against a covered Federal official seeking damages if— the covered Federal official knowingly initiated or directed a covered Government action against the covered person that was substantially motivated by the protected speech or participation of the covered person; and the rights of the covered person under the Constitution of the United States were violated in connection with the covered Government action.
To the maximum extent permitted by the Constitution of the United States, a covered Federal official against whom a civil action is brought under subsection
(a)shall not have immunity except as set forth in subsection (c). A covered Federal official shall be immune in a civil action under subsection
(a)if— the covered Federal official acted in good faith; and any speech, expression, or association motivating the covered Government action clearly was not protected under the Constitution of the United States. The United States may not indemnify a covered Federal official in connection with a civil action under subsection (a), unless— the court determines that the requirements of immunity under subsection
(c)are satisfied; or indemnification is necessary for complete relief because— the person bringing the civil action requests that the United States be required to pay any judgment or attorneys fees awarded in order to allow for full recovery; and the covered Federal official demonstrates an inability to pay the full amount awarded. Nothing in this section shall be construed to invalidate, limit, or otherwise adversely affect any other judicially or statutorily created claims, remedies, rights, or procedures.