The proposed law would allow people to sue in state court for violations of the U.S. Constitution or laws of the United States, as well as the West Virginia state constitution. All matters regarding the U.S. Constitution or federal law will be remanded to federal courts. To avoid this, plaintiffs would have to sue based solely on the West Virginia Constitution and its bill of rights. The only way to avoid federal jurisdiction and ensure federal qualified immunity doesn’t come into play would be to limit the suit to state constitutional issues.
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