Wednesday, November 19, 2025
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State Senator Introduces ‘No Kings’ Bill
By a MetNews Staff Writer
State Sen. Scott Wiener, D-San Francisco, yesterday announced that he has introduced Senate Bill 747, entitled “The No Kings Act,” a proposal that he said is meant to “restore a right of action to Californians who suffer from illegal acts by federal officials.”
Although he told reporters at a press conference yesterday of his legislative effort, it springs from a Sept. 12 amendment he made to a bill he introduced in February.
If adopted, the proposal would amend the Tom Bane Civil Rights Act, found at Civil Code §52.1, which provides that “[a]ny individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with” by “threat, intimidation, or coercion” may “institute…a civil action for damages.”
Senate Bill 747 proposes to eliminate the requirement of threatening conduct and to add the following paragraph to the law:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage of the United States or of this state, subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the United States Constitution, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”
Allow Remedies
Yesterday’s press release says that the bill would allow parties to seek remedies for, among other actions, the use of “excessive force” by law enforcement agents during “peaceful protest[s],” “unreasonable seizure[s]” at checkpoints, and the “[u]nlawful[] targeting [of] individuals for enforcement actions or tax audits on the basis of race, national origin, or political identity.”
A right to sue federal officers for unreasonable search and seizures was announced in the 1971 U.S. Supreme Court decision in Bivens v. Six Unknown Federal Narcotics Agents, which found that the cause of action was implied by the Fourth Amendment. Attempts to expand Bivens liability to other constitutional provisions have been curtailed by recent high court jurisprudence.
The senator, who is running for Nancy Pelosi’s U.S. congressional seat, commented:
“The Trump Administration has used its power to racially profile people and illegally disappear them, to punish political opponents, and to cut off funding to universities—and this Supreme Court has handed them unchecked power to do so. Our rights mean little if government agents can violate them without consequences. While they take rights away, we will create a new path to justice through a clear legal remedy for willful violations of constitutional rights. As a lawless Administration attempts to shred the Constitution, it’s time we give it some teeth.”
A right to sue state actors for violations of federal constitutional rights is rooted in 42 U.S.C. §1983.
Targeting Trump Administration
Wiener has a history of targeting the Trump administration, having sponsored the No Secret Police Act, which prohibits on-duty law enforcement officers from wearing masks, a practice adopted by some immigration officials due to alleged “doxxing efforts” by members of the public who have been accused of releasing personal identifying information of the agents for the purported purpose of intimidation.
The proposal was signed into law by Gov. Gavin Newsom in September.
On Monday, the U.S. Department of Justice filed a lawsuit challenging the legislation as unconstitutional, asserting that the state does not have the authority to restrict federal agents. Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice Harmeet Dhillon responded to Wiener’s introduction of the bill over the summer, saying on X:
“Scott, go check with a lawyer if this is a thing, and get back to us. (Hint—it isn’t— states can’t regulate what federal law enforcement wears).
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