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119th CONGRESS
2d Session |
To create a private right of action to hold private detention centers liable for the wrongful death of any person being held in such private detention center, and for other purposes.
Mr. Tran (for himself, Mr. Moulton, Mrs. Watson Coleman, and Mr. Thanedar) introduced the following bill; which was referred to the Committee on the Judiciary
To create a private right of action to hold private detention centers liable for the wrongful death of any person being held in such private detention center, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Private Detention Corporate Accountability Act of 2026”.
SEC. 2. Private detention center liability.
(a) Private right of action.—An officer or employee of a private detention center that causes the wrongful death of any person that was being held in such private detention center shall be liable, under the relevant State law, to the decedent or any successor in interest for—
(1) statutory damages in an amount not less than $5,000,000 and economic damages; and
(2) punitive damages, as appropriate.
(b) Action in district court.—The decedent or any successor in interest that suffered the harm described under subsection (a) may bring an action in the appropriate district court of the United States for the relief described under such subsection.
(c) Vicarious liability.—A private detention center shall be vicariously liable for any harm described under subsection (a).
(d) No immunity defense.—No officer or employee of a private detention center shall be entitled to assert any form of absolute or qualified immunity as a defense to liability under this section.
(e) Rule of construction.—Nothing in this section shall be construed to limit the ability of the decedent or any successor in interest that suffered the harm described under subsection (a) from bringing an action in a State court for such harm.
(f) Private detention center.—The term “private detention center” means a private entity that has a contract with the Federal Government to hold any person due to any alleged or purported violations of civil, criminal, or immigration laws.