Bill Text: NY A02632 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to civil actions for deprivation of constitutional rights; provides that a peace officer employed by a local government, who under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article one of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief; provides that statutory immunities and statutory limitations on liability, damages or attorney fees shall not apply; governmental immunity shall not be a defense to liability; and qualified immunity shall not be a defense to liability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A02632 Detail]

Download: New_York-2023-A02632-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2632

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced by M. of A. WALKER, ANDERSON -- read once and referred to the
          Committee on Judiciary

        AN  ACT  to amend the civil rights law, in relation to civil actions for
          deprivation of constitutional rights

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  civil  rights law is amended by adding a new section
     2  79-r to read as follows:
     3    § 79-r. Civil action for  deprivation  of  constitutional  rights.  1.
     4  Notwithstanding  any  other  law  to  the  contrary, a peace officer, as
     5  defined in section 2.10 of the criminal procedure  law,  employed  by  a
     6  local  government,  who  under  color  of  law, subjects or causes to be
     7  subjected, including failing to  intervene,  any  other  person  to  the
     8  deprivation  of any individual rights that create binding obligations on
     9  government actors secured by the bill of  rights,  article  one  of  the
    10  state  constitution, is liable to the injured party for legal or equita-
    11  ble relief or any other appropriate relief.
    12    2. Notwithstanding any other law to the contrary, (a) statutory  immu-
    13  nities  and statutory limitations on liability, damages or attorney fees
    14  shall not apply to claims brought pursuant to this section; (b)  govern-
    15  mental  immunity  shall  not  be a defense to liability pursuant to this
    16  section; and (c) qualified immunity shall not be a defense to  liability
    17  pursuant to this section.
    18    3.  Notwithstanding  any  other  law  to  the  contrary, in any action
    19  brought pursuant to this section, a court shall award reasonable  attor-
    20  ney  fees and costs to a prevailing plaintiff. In actions for injunctive
    21  relief, a court  shall  deem  a  plaintiff  to  have  prevailed  if  the
    22  plaintiff's  suit  was  a  substantial factor or significant catalyst in
    23  obtaining the results sought by  the  litigation.  When  a  judgment  is
    24  entered  in  favor  of a defendant, the court may award reasonable costs

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05991-01-3
        A. 2632                             2

     1  and attorney fees to the defendant for defending any  claims  the  court
     2  finds frivolous.
     3    §  2.  This  act  shall take effect immediately and shall apply to any
     4  cause of action that accrues on or after such effective date.