Assembly Bill A2632

2023-2024 Legislative Session

Relates to civil actions for deprivation of constitutional rights

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A2632 (ACTIVE) - Details

See Senate Version of this Bill:
S5771
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §79-r, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10705, S8618
2021-2022: A5982, S3139

2023-A2632 (ACTIVE) - Summary

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

2023-A2632 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2632
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  The  civil  rights law is amended by adding a new section
 79-r to read as follows:
   § 79-R. CIVIL ACTION FOR  DEPRIVATION  OF  CONSTITUTIONAL  RIGHTS.  1.
 NOTWITHSTANDING  ANY  OTHER  LAW  TO  THE  CONTRARY, A PEACE OFFICER, AS
 DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE  LAW,  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 EQUITA-
 BLE RELIEF OR ANY OTHER APPROPRIATE RELIEF.
   2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, (A) STATUTORY  IMMU-
 NITIES  AND STATUTORY LIMITATIONS ON LIABILITY, DAMAGES OR ATTORNEY FEES
 SHALL NOT APPLY TO CLAIMS BROUGHT PURSUANT TO THIS SECTION; (B)  GOVERN-
 MENTAL  IMMUNITY  SHALL  NOT  BE A DEFENSE TO LIABILITY PURSUANT TO THIS
 SECTION; AND (C) QUALIFIED IMMUNITY SHALL NOT BE A DEFENSE TO  LIABILITY
 PURSUANT TO THIS SECTION.
   3.  NOTWITHSTANDING  ANY  OTHER  LAW  TO  THE  CONTRARY, IN ANY ACTION
 BROUGHT PURSUANT TO THIS SECTION, A COURT SHALL AWARD REASONABLE  ATTOR-
 NEY  FEES AND COSTS TO A PREVAILING PLAINTIFF. IN ACTIONS FOR INJUNCTIVE
 RELIEF, A COURT  SHALL  DEEM  A  PLAINTIFF  TO  HAVE  PREVAILED  IF  THE
 PLAINTIFF'S  SUIT  WAS  A  SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN
 OBTAINING THE RESULTS SOUGHT BY  THE  LITIGATION.  WHEN  A  JUDGMENT  IS
 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

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