First Circuit Affirmed Rhode Island Immunity Waiver

A federal appellate court ruled that the state waived immunity for discrimination claims under a civil rights act.

Updated on Sept. 29, 2026 in Criminal Justice

Bold flat-color editorial illustration of a neoclassical building facade, evoking the institutional authority of the state and judicial system. — The U.S. Court of Appeals for the First Circuit ruled that Rhode Island waived sovereign immunity for civil rights discrimination claims. AI Illustration. Upload story photo >

Live Poll

Should state government agencies be subject to discrimination lawsuits in federal court?

The U.S. Court of Appeals for the First Circuit has determined that Rhode Island waived its Eleventh Amendment immunity regarding claims made under the state's Civil Rights Act of 1990. This ruling stems from a lawsuit involving inmates alleging failure to treat medical conditions.

Why it matters

This decision clarifies that Rhode Island's State Tort Claims Act extends to discrimination suits, meaning state agencies may face liability in federal court for such actions. It highlights how state-level civil rights statutes interact with sovereign immunity protections in the federal judiciary.

The U.S. Court of Appeals for the First Circuit affirmed the district court's denial of summary judgment for the Rhode Island Department of Corrections. This leaves the case to proceed toward trial or further litigation under the 2026 Parente III decision.

The players

Rhode Island Department of Corrections

This is the state agency responsible for overseeing prisons and inmates that sought summary judgment in the lawsuit.

U.S. Court of Appeals for the First Circuit

This is the federal appellate court that issued the ruling affirming the denial of immunity for the state department.

Rhode Island Supreme Court

This is the highest state judicial body that previously determined discrimination claims under state law qualify as tort actions.

The details

The court relied on a certified question answered by the Rhode Island Supreme Court, which concluded that claims under the civil rights act constitute tort actions. Consequently, the appellate judges found the state legislature intended to broadly waive sovereign immunity for torts in federal court, despite the state agency's arguments to the contrary.

The Rhode Island Civil Rights Act was enacted in 1990.
The court issued the Parente III decision in 2026.
The First Circuit issued its ruling regarding the immunity waiver on September 26, 2026.

Legal Context

This ruling clarifies the scope of the Rhode Island Civil Rights Act of 1990 in federal venues. It follows a historical pattern of state supreme courts providing guidance on how state-level tort waivers intersect with federal jurisdiction for civil rights litigation.

This ruling establishes that state departments may be held accountable in federal court for claims of discrimination and failure to treat medical conditions. Residents involved in similar cases against state entities may find it easier to pursue legal redress under the state civil rights act.

The takeaway

This decision solidifies the legal pathway for plaintiffs to pursue discrimination claims against state agencies in federal court. It underscores the importance of state supreme court interpretations when federal courts evaluate sovereign immunity claims.