12 V.S.A. § 5797 Civil action
5797. Civil action
(a) Every person who, under color of any statute, ordinance, regulation, custom, or usage, subjects or causes to be subjected any citizen of the State of Vermont or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in the officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
(b) For purposes of this section, “color of any statute, ordinance, regulation, custom, or usage” includes color of any statute, ordinance, regulation, custom, or usage of the United States and of any U.S. state or territory or the District of Columbia.
(c) Any defense available to a defendant under 42 U.S.C. § 1983 is likewise and to the same extent available to any defendant in an action brought under subsection (a) of this section. This subsection does not alter, amend, create, or support a qualified or absolute immunity defense in any other action or proceeding brought under any other provision of Vermont law.
(d) It is the intent of the General Assembly that, in construing this section, the courts of this State will be guided by the construction of 42 U.S.C. § 1983, as amended, as interpreted by the courts of the United States.
Added 2025, No. 87 (Adj. Sess.), § 1, eff. July 1, 2026.