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On January 13, 2026, David E. Mastagni appeared before the Senate Judiciary Committee to deliver testimony on behalf of the Peace Officers Research Association of California in opposition to Senate Bill 747, referred to as the No Kings Act by its proponents. This legislation, authored by Senator Scott Wiener, aims to establish a new state cause of action for individuals deprived of their constitutional rights under color of any law, mirroring the framework of federal Section 1983 claims but extending potential liability to a broader range of actors, including federal officers. Proponents argue that the bill addresses accountability gaps in cases where federal remedies, such as those under Bivens actions, prove inadequate, particularly in areas like immigration enforcement and election interference. However, as Mr. Mastagni emphasized in his testimony, the measure in its current form introduces unnecessary duplication and risks undermining established legal balances without meaningfully enhancing protections.
Building upon our prior post examining SB 747 and its potential implications for public safety personnel, Mr. Mastagni's testimony highlighted PORAC's core concerns with the bill's redundancy and its unintended consequences for California public employees. He explained that the Tom Bane Civil Rights Act already provides a robust mechanism for addressing constitutional violations, offering broader coverage than Section 1983 by encompassing interference through threat, intimidation, or coercion, even outside the color of law. This existing statute renders SB 747 superfluous, as it effectively allows suits against federal officers in their individual capacities where appropriate. Mr. Mastagni stressed that Supremacy Clause immunity would likely continue to protect federal actors operating within their authority, leaving the bill's practical impact confined largely to state and local employees who are already accountable under multiple frameworks.
A central theme of the testimony focused on the dangers of duplicative liability for California public servants. Mr. Mastagni articulated that by codifying a new cause of action akin to Section 1983 without adequate safeguards, SB 747 would layer additional exposure onto peace officers, teachers, social workers, and other state workers who currently face accountability through Section 1983 and the Bane Act. Such overlap not only invites increased litigation and potential inconsistencies in legal standards but also threatens to chill the essential duties of these professionals, deterring them from performing their roles effectively amid heightened fears of personal financial ruin. He underscored that this expansion fails to advance genuine accountability, as federal sovereign immunity doctrines, as affirmed in cases like Cheng v. Speier, 609 F. Supp. 3d 1046 (N.D. Cal. 2022) would often preempt claims against federal officers even if brough in their individual capacities because courts look to the "real party in interest." Where the suit challened the performance of official duties, the United States would liekly be deemed the real party in interest.
To address these issues while maintaing the bill's intent to close legitimate gaps in constitutional remedies, PORAC's proposed amendments to the bill. These amendments would exempt any public employee (whether federal, state or local) already subject to liability under Section 1983 or Bivens v. Six Unknown Named Agents, thereby preventing redundant lawsuits and ensuring uniform treatment across federal, state, and local actors. Additionally, the amendments would reverse the bill's savings clause, rendering the entire measure inoperative if a court determines that sovereign immunity bars its application to federal officers.
State and local public employees were sept into this bill due to the author's cocerns that including onyl federal employees would discriminate against federal employees. However, these amendment comport with the principles of intergovernmental immunity, as articulated in United States v. Washington, by promoting equity though application of evenhanded standards without discriminating based on governmental status. In fact, these modifications would transform the bill into a bona fide mechanism for filling accountability gaps and ensuring all public employee are subject to identical accountablity for Consittutional violations.
PORAC recognizes the importance of ensuring accountability for constitutional violations where federal remedies fall short, but insists that any reform must treat all public employees fairly and avoid burdensome redundancies. “PORAC supports closing genuine gaps in constitutional accountability,” said Brian R. Marvel, PORAC President. “But we must do so in a way that treats all public employees fairly, avoids redundant and burdensome litigation, and fully complies with federal law. The proposed amendments achieve that balance.”
The testimony, which can be viewed in the embedded video below, reflects PORAC's commitment to advocating for reasoned legislation that protects both civil rights and the professionals entrusted with public safety.
Senate Bill 747 advanced through additional Senate proceedings despite California law enforcement opposition and on January 27, 2026, the California State Senate passed the bill on a 30-10 party-line vote, sending it to the Assembly for consideration. T
For further coverage, see the Los Angeles Times articles by Dakota Smith quoting Mr. Mastagni and PORAC representatives: Lawsuits against ICE agents would be allowed under proposed California law and After Minneapolis shootings, California advances a bill allowing lawsuits against federal agents.
