The Amendment
Protecting Ohioans’ Constitutional Rights Amendment
(A) Definitions
(1) “State” means the State of Ohio, including, but not limited to, the offices of all elected state officers and all departments and other instrumentalities of the State of Ohio.
(2) “Political subdivision” means any body corporate or politic responsible for governmental activities within a geographic subsection of the State, including but not limited to a municipal corporation, township, county, or school district.
(3) “Public employee” means:
(a) any individual who is an officer, agent, employee, or servant, of the State or a political subdivision, whether or not compensated or full time or part-time, who is authorized to act and is acting within the scope of the officer’s, agent’s, employee’s, or servant’s employment by the State or political subdivision; or
(b) any individual or business entity that is an independent contractor of the State or a political subdivision who is authorized to act and is acting under the color of law.
(4) “Government actor” means the State, any political subdivision thereof, or any public employee of the State or of any political subdivision thereof.
(5) “Person” means any individual resident of Ohio or individual within the State.
(6) “Constitutional right” means any right, privilege or immunity secured pursuant to the constitution of Ohio.
(7) "Business entity" means an entity with employees that is a corporation, association, firm, limited liability company, partnership, sole proprietorship, or other entity engaged in business.
(B) Claim for Deprivation of Rights Guaranteed by the Constitution of Ohio
(1) No government actor shall cause any person to be subjected to deprivation of any constitutional right.
(2) A person who claims to have suffered a deprivation of any constitutional right due to acts or omissions of any government actor or actors may bring a civil action against said government actor or actors.
(3) Ohio’s Courts of Common Pleas have subject matter jurisdiction over the civil action created by this Section.
(4) Venue over the civil action created by this Section shall be determined by Ohio’s venue laws and rules that are applicable to civil actions.
(C) Immunity Defenses Prohibited
(1) In any action pursuant to this Section, no government actor shall enjoy or may rely upon any immunities or defenses which are only available to government actors or any subset thereof, including but not limited to:
(a) Qualified immunity;
(b) Sovereign immunity;
(c) Prosecutorial immunity; or
(d) Any immunity provided to the State, political subdivisions, or public employees by statute.
(D) Determination Of Liability
(1) The person bringing an action pursuant to this Section may elect whether the action will be tried in a bench trial or jury trial.
(a) In a bench trial, the court’s decision on any claim brought hereunder shall be supported by findings of facts and conclusions of law.
(b) In a jury trial, any party may submit interrogatories to the jury asking for its findings of fact and application of the court’s instructions as to the law.
(2) Any government actor is liable for the deprivation of a person’s constitutional rights if it is proven by a preponderance of evidence that the government actor’s acts or omissions caused the person to be deprived of any constitutional right.
(3) In addition, if a public employee is found liable for the deprivation of a person’s constitutional rights pursuant to subsection (D)(2), and it is proven by a preponderance of evidence that the public employee was acting on behalf of, under color of, or within the course or scope of authority granted by the State or political subdivision, then the State or political subdivision shall be held liable to that person for the conduct of the public employee.
(4) Terminating a public employee shall not affect the liability of the State or political subdivision for the terminated public employee’s conduct.
(E) Remedies Upon A Determination Of Liability
(1) If a government actor is found liable for the deprivation of a person’s constitutional rights, that person shall be entitled to any or all of the following relief:
(a) Compensation for economic and non-economic damages, without limitation;
(b) Equitable or injunctive relief;
(c) Recovery of reasonable attorney’s fees, regardless of whether the attorney provided services on an hourly, contingent, or pro bono basis; and
(d) Any other remedies prescribed by State or federal law or available pursuant to common law.
(2) In addition to the relief awarded to the person, the court shall order any government actor found liable for the deprivation of a person’s constitutional rights to take reasonable measures to prevent a similar rights violation from re-occurring.
(F) Statute of Limitations
(1) A claim made under this Section shall be commenced no later than six years from the date that the deprivation of a constitutional right is alleged to have occurred.
(G) Termination of Contract, Agreement, or Employment
(1) A finding of liability against a public employee pursuant to this Section is just cause for termination of the employment, agreement, or contract giving rise to the public employee’s status as a public employee.
(H) Severability Clause
(1) All provisions of this section shall be self-executing and severable.
(I) Effective Date
(1) This section shall take effect on the first day of the year after it is passed.