Senate Bill S5771

2023-2024 Legislative Session

Relates to civil actions for deprivation of constitutional rights

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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-S5771 (ACTIVE) - Details

See Assembly Version of this Bill:
A2632
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §79-r, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8618, A10705
2021-2022: S3139, A5982

2023-S5771 (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-S5771 (ACTIVE) - Sponsor Memo

2023-S5771 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5771
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sens. PARKER, SALAZAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 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
 AND  ATTORNEY  FEES  TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE COURT
 FINDS FRIVOLOUS.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 cause of action that accrues on or after such effective date.

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