NY State Senate Bill 2025-S8500A

Current Bill Status - In Senate Committee Rules 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 05, 2025	print number 8500a
Dec 05, 2025	amend (t) and recommit to rules
Sep 10, 2025	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

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2025-S8500 - Details

Current Committee:: Senate Rules
Law Section:: Civil Rights Law
Laws Affected:: Add Art 8-A §85, Civ Rts L

2025-S8500 - Summary

Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.

2025-S8500 - Sponsor Memo

                                 
BILL NUMBER: S8500

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to establishing a
right of action for the deprivation of constitutional rights

 
PURPOSE:

To protect the rights guaranteed to all residents in New York by amend-
ing the civil rights law to establish the right to bring an action for
the deprivation of constitutional rights.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth the legislative intent of the New York Civil Rights
Act. Amends the civil rights law by adding a new article 8-A titled "The
New York Civil Rights Act." Provides for a right of action based on a
person acting under the color of law who deprives an individual's rights
secured by the Constitution of the United States. Provides for a civil
action by the Attorney General on behalf of the injured party. Provides

for remedies for the deprivation are to include compensatory damages,
punitive damages, injunctive and declaratory relief, and attorney's
fees.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The people of the State of New York must be guaranteed meaningful reme-
dies, including but not limited to those provided through the courts,
when their constitutional rights are violated. Recent United States
Supreme Court decisions have curtailed the availability of such remedies
under Bivens v. Six Unknown Named Agents, repeatedly declining to extend
damages actions to new contexts and leaving many victims of constitu-
tional violations without recourse. Concurrently, the Federal Tort
Claims Act (FTCA), as amended by the Westfall Act, provides the exclu-
sive avenue for many common-law damages actions against federal officers
acting within the scope of their employment.  These developments have
created a significant remedial void for New Yorkers injured by unconsti-
tutional conduct.

Therefore, the legislature finds it necessary to enact a state cause of
action authorizing claims for damages against any federal, state, or
local official, who, acting under color of federal, state, or local law,
deprives a person of rights secured by the United States Constitution.
The Westfall Act explicitly carves out from the FICA's exclusive purview
"a civil action against an employee of the Government which is brought
for a violation of the Constitution of the United States." 28 U.S.C. §
2679(b)(2)(a). The plain text of this provision contains no limitation
on the scope of constitutional violations carved out from the FTCA's
exclusive purview, recognizing the well-established principle that
government agents act outside of the scope of their offices when they
violate the constitution. The legislature intends for this statute to
fall squarely within that provision.

This enactment does not, nor is intended to, usurp federal authority.
Nor does it discriminate against federal officials. This statute under-
scores the supremacy of the federal Constitution by ensuring that its
guarantees remain enforceable for all New Yorkers against all persons
acting under color of law. From the Founding era through the nineteenth
century, state courts regularly entertained suits against federal offi-
cers who exceeded lawful authority. Nothing in the Constitution, federal
statutes, or United States Supreme Court precedent forecloses such
actions today. The legislature thus finds that New York State may prop-
erly act to safeguard its residents' constitutional rights.

The intent of this statute is to restore a meaningful avenue of account-
ability consistent with federal supremacy, state sovereignty, and the
longstanding principle that rights must be paired with remedies.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8500 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8500
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                            September 10, 2025
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil rights law,  in  relation  to  establishing  a
   right of action for the 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 article 8-A
 to read as follows:
                                 ARTICLE 8-A
                        THE NEW YORK CIVIL RIGHTS ACT
 SECTION 85. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS.
   § 85. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS.  1. LEGISLATIVE
 INTENT. THE PEOPLE OF THE STATE OF NEW YORK MUST BE GUARANTEED  MEANING-
 FUL  REMEDIES,  INCLUDING  BUT NOT LIMITED TO THOSE PROVIDED THROUGH THE
 COURTS, WHEN THEIR CONSTITUTIONAL RIGHTS  ARE  VIOLATED.  RECENT  UNITED
 STATES  SUPREME  COURT DECISIONS HAVE CURTAILED THE AVAILABILITY OF SUCH
 REMEDIES UNDER BIVENS V. SIX UNKNOWN NAMED AGENTS, REPEATEDLY  DECLINING
 TO  EXTEND  DAMAGES  ACTIONS TO NEW CONTEXTS AND LEAVING MANY VICTIMS OF
 CONSTITUTIONAL VIOLATIONS WITHOUT RECOURSE.   CONCURRENTLY, THE  FEDERAL
 TORT  CLAIMS  ACT  (FTCA),  AS AMENDED BY THE WESTFALL ACT, PROVIDES THE
 EXCLUSIVE AVENUE FOR MANY COMMON-LAW  DAMAGES  ACTIONS  AGAINST  FEDERAL
 OFFICERS ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT. THESE DEVELOPMENTS
 HAVE  CREATED  A  SIGNIFICANT  REMEDIAL  VOID FOR NEW YORKERS INJURED BY
 UNCONSTITUTIONAL CONDUCT.
   THEREFORE, THE LEGISLATURE FINDS IT NECESSARY TO ENACT A  STATE  CAUSE
 OF  ACTION AUTHORIZING CLAIMS FOR DAMAGES AGAINST ANY FEDERAL, STATE, OR
 LOCAL OFFICIAL, WHO, ACTING UNDER COLOR OF FEDERAL, STATE, OR LOCAL LAW,
 DEPRIVES A PERSON OF RIGHTS SECURED BY THE UNITED  STATES  CONSTITUTION.
 THE WESTFALL ACT EXPLICITLY CARVES OUT FROM THE FTCA'S EXCLUSIVE PURVIEW
 "A  CIVIL  ACTION AGAINST AN EMPLOYEE OF THE GOVERNMENT WHICH IS BROUGHT
 FOR A VIOLATION OF THE CONSTITUTION OF THE UNITED STATES." 28  U.S.C.  §
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13560-03-5

 S. 8500                             2
 
 2679(B)(2)(A).  THE  PLAIN TEXT OF THIS PROVISION CONTAINS NO LIMITATION
 ON THE SCOPE OF CONSTITUTIONAL VIOLATIONS CARVED  OUT  FROM  THE  FTCA'S
 EXCLUSIVE  PURVIEW,  RECOGNIZING  THE  WELL-ESTABLISHED  PRINCIPLE  THAT
 GOVERNMENT  AGENTS  ACT  OUTSIDE OF THE SCOPE OF THEIR OFFICES WHEN THEY
 VIOLATE THE CONSTITUTION. THE LEGISLATURE INTENDS FOR  THIS  STATUTE  TO
 FALL SQUARELY WITHIN THAT PROVISION.
   THIS  ARTICLE  DOES  NOT, NOR IS INTENDED TO, USURP FEDERAL AUTHORITY.
 NOR DOES IT DISCRIMINATE AGAINST FEDERAL OFFICIALS. THIS STATUTE  UNDER-
 SCORES  THE  SUPREMACY  OF THE FEDERAL CONSTITUTION BY ENSURING THAT ITS
 GUARANTEES REMAIN ENFORCEABLE FOR ALL NEW YORKERS  AGAINST  ALL  PERSONS
 ACTING  UNDER COLOR OF LAW. FROM THE FOUNDING ERA THROUGH THE NINETEENTH
 CENTURY, STATE COURTS REGULARLY ENTERTAINED SUITS AGAINST FEDERAL  OFFI-
 CERS WHO EXCEEDED LAWFUL AUTHORITY. NOTHING IN THE CONSTITUTION, FEDERAL
 STATUTES,  OR  UNITED  STATES  SUPREME  COURT  PRECEDENT FORECLOSES SUCH
 ACTIONS TODAY. THE LEGISLATURE THUS FINDS THAT NEW YORK STATE MAY  PROP-
 ERLY ACT TO SAFEGUARD ITS RESIDENTS' CONSTITUTIONAL RIGHTS.
   THE  INTENT  OF  THIS  STATUTE  IS  TO  RESTORE A MEANINGFUL AVENUE OF
 ACCOUNTABILITY CONSISTENT WITH FEDERAL SUPREMACY, STATE SOVEREIGNTY, AND
 THE LONGSTANDING PRINCIPLE THAT RIGHTS MUST BE PAIRED WITH REMEDIES.
   2. LIABILITY. ANY PERSON WHO, UNDER THE COLOR  OF  LAW,  SUBJECTS,  OR
 CAUSES  TO  BE  SUBJECTED, ANY PERSON WITHIN THE JURISDICTION THEREOF TO
 THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY  THE
 FEDERAL OR STATE CONSTITUTION OR LAWS, OR WHOSE EXERCISE OR ENJOYMENT OF
 THOSE  RIGHTS,  PRIVILEGES  OR  IMMUNITIES  HAS  BEEN INTERFERED WITH OR
 ATTEMPTED TO BE INTERFERED WITH, BY THREATS, INTIMIDATION OR COERCION BY
 A PERSON ACTING UNDER THE COLOR OF LAW, SHALL BE  LIABLE  TO  THE  PARTY
 INJURED  IN AN ACTION AT LAW, SUIT IN EQUITY, OR OTHER PROPER PROCEEDING
 FOR REDRESS.
   3. CIVIL ACTION. IF A PERSON, ACTING UNDER THE COLOR OF LAW, SUBJECTS,
 OR CAUSES TO BE SUBJECTED, ANY  OTHER  PERSON  THE  DEPRIVATION  OF  ANY
 RIGHTS,  PRIVILEGES,  OR  IMMUNITIES  SECURED  BY  THE  FEDERAL OR STATE
 CONSTITUTION OR LAWS, OR INTERFERES WITH OR ATTEMPTS TO  INTERFERE  WITH
 THE  EXERCISE  OR  ENJOYMENT  OF  THOSE RIGHTS, PRIVILEGES OR IMMUNITIES
 SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS, BY THREATS, INTIM-
 IDATION OR COERCION, THE ATTORNEY GENERAL MAY BRING A CIVIL  ACTION  FOR
 DAMAGES, INJUNCTIVE RELIEF OR OTHER APPROPRIATE RELIEF. THE CIVIL ACTION
 SHALL  BE  BROUGHT IN THE NAME OF THE STATE AND MAY BE BROUGHT ON BEHALF
 OF THE INJURED PARTY. IF THE ATTORNEY GENERAL PROCEEDS WITH AND PREVAILS
 IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE COURT SHALL ORDER THE
 DISTRIBUTION OF ANY AWARD OF DAMAGES TO  THE  INJURED  PARTY  AND  SHALL
 AWARD REASONABLE ATTORNEY'S FEES AND COSTS TO THE ATTORNEY GENERAL.
   4.  REMEDIES.  IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY
 AWARD:
   (A) COMPENSATORY DAMAGES, INCLUDING DAMAGES  FOR  EMOTIONAL  DISTRESS,
 PAIN AND SUFFERING, AND OTHER NON-ECONOMIC DAMAGES;
   (B)  PUNITIVE  DAMAGES  WHERE  THE VIOLATION IS FOUND TO BE MALICIOUS,
 WANTON, WILLFUL, OR IN RECKLESS DISREGARD OF THE PLAINTIFF'S RIGHTS;
   (C) INJUNCTIVE AND DECLARATORY RELIEF; AND
   (D) REASONABLE ATTORNEYS' FEES AND COSTS TO A PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2025-S8500A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Civil Rights Law
Laws Affected:: Add Art 8-A §85, Civ Rts L

2025-S8500A (ACTIVE) - Summary

Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.

2025-S8500A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8500A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to enacting the New
York Civil Rights Act

 
PURPOSE:

To protect the rights guaranteed to all residents in New York by amend-
ing the civil rights law to provide an avenue for claims for damages for
the deprivation of constitutional rights.

 
SUMMARY OF PROVISIONS:

Section 1 established the title as the New York Civil Rights Act.

Section 2 sets forth the legislative intent. Defines "color of any law,
statute, ordinance, regulation, custom, or usage." Provides an avenue
for claims for damages against a person acting under the color of law
who deprives an individual's rights secured by the Constitution of the

United States. Includes immunity defenses to claims based on this act.
Provides for remedies for the deprivation are to include compensatory
damages, punitive damages, injunctive and declaratory relief, attorney's
fees, and expert fees. Includes a severability clause.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The people of the State of New York must be guaranteed meaningful reme-
dies, including but not limited to those provided through the courts,
when their constitutional rights are violated. Recent United States
Supreme Court decisions have curtailed the availability of such remedies
under Bivens v. Six Unknown Named Agents, repeatedly declining to extend
damages actions to new contexts and leaving many victims of constitu-
tional violations without recourse. Concurrently, the Federal Tort
Claims Act (FTCA), as amended by the Westfall Act, provides the exclu-
sive avenue for many common-law damages actions against federal officers
acting within the scope of their employment.  These developments have
created a significant remedial void for New Yorkers injured by unconsti-
tutional conduct.

Therefore, the legislature finds it necessary to provide an avenue for
claims for damages against any federal, state, or local official, who,
acting under color of federal, state, or local law, deprives a person of
rights secured by the United States Constitution. The Westfall Act
explicitly carves out from the FTCA's exclusive purview "a civil action
against an employee of the Government which is brought for a violation
of the Constitution of the United States." 28 U.S.C. § 2679(b)(2)(A).
The plain text of this provision contains no limitation on the scope of
constitutional violations carved out from the FTCA's exclusive purview,
recognizing the well-established principle that government agents act
outside of the scope of their offices when they violate the constitu-
tion. The legislature intends for this statute to fall squarely within
that provision.


This enactment does not, nor is intended to, usurp federal authority.
Nor does it discriminate against federal officials. This statute under-
scores the supremacy of the federal Constitution by ensuring that its
guarantees remain enforceable for all New Yorkers against all persons
acting under color of law. From the Founding era through the nineteenth
century, courts regularly entertained suits against federal officers who
exceeded lawful authority. Nothing in the Constitution, federal stat-
utes, or United States Supreme Court precedent forecloses such actions
today. The legislature thus finds that New York State may properly act
to safeguard its residents' constitutional rights.

The intent of this statute is to restore a meaningful avenue of account-
ability consistent with federal supremacy, state sovereignty, and the
longstanding principle that rights must be paired with remedies.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8500A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8500--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                            September 10, 2025
                                ___________
 
 Introduced   by   Sens.  MYRIE,  FAHY,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HINCHEY, HOYLMAN-SIGAL, KAVANAGH, LIU, MAY,  MAYER,  RAMOS,
   RIVERA,  C. RYAN,  SALAZAR,  SANDERS, STAVISKY, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the civil rights law, in relation to  enacting  the  New
   York Civil Rights Act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "New  York
 Civil Rights Act".
   §  2.  The  civil rights law is amended by adding a new article 8-A to
 read as follows:
                                 ARTICLE 8-A
                        THE NEW YORK CIVIL RIGHTS ACT
 SECTION 85. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS.
   § 85. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS.  1. LEGISLATIVE
 INTENT. THE PEOPLE OF THE STATE OF NEW YORK MUST BE GUARANTEED  MEANING-
 FUL  REMEDIES,  INCLUDING  BUT NOT LIMITED TO THOSE PROVIDED THROUGH THE
 COURTS, WHEN THEIR CONSTITUTIONAL RIGHTS  ARE  VIOLATED.  RECENT  UNITED
 STATES  SUPREME  COURT DECISIONS HAVE CURTAILED THE AVAILABILITY OF SUCH
 REMEDIES UNDER BIVENS V. SIX UNKNOWN NAMED AGENTS, REPEATEDLY  DECLINING
 TO  EXTEND  DAMAGES  ACTIONS TO NEW CONTEXTS AND LEAVING MANY VICTIMS OF
 CONSTITUTIONAL VIOLATIONS WITHOUT RECOURSE.   CONCURRENTLY, THE  FEDERAL
 TORT  CLAIMS  ACT  (FTCA),  AS AMENDED BY THE WESTFALL ACT, PROVIDES THE
 EXCLUSIVE AVENUE FOR MANY COMMON-LAW  DAMAGES  ACTIONS  AGAINST  FEDERAL
 OFFICERS ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT. THESE DEVELOPMENTS
 HAVE  CREATED  A  SIGNIFICANT  REMEDIAL  VOID FOR NEW YORKERS INJURED BY
 UNCONSTITUTIONAL CONDUCT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13560-10-5
 S. 8500--A                          2

 
   THEREFORE, THE LEGISLATURE FINDS IT NECESSARY TO PROVIDE AN AVENUE FOR
 CLAIMS FOR DAMAGES AGAINST ANY FEDERAL, STATE, OR LOCAL  OFFICIAL,  WHO,
 ACTING  UNDER  COLOR  OF  ANY  FEDERAL,  STATE, OR LOCAL LAW, DEPRIVES A
 PERSON OF RIGHTS SECURED BY THE UNITED STATES CONSTITUTION.   THE  WEST-
 FALL  ACT  EXPLICITLY  CARVES  OUT  FROM THE FTCA'S EXCLUSIVE PURVIEW "A
 CIVIL ACTION AGAINST AN EMPLOYEE OF THE GOVERNMENT WHICH IS BROUGHT  FOR
 A  VIOLATION  OF  THE  CONSTITUTION  OF  THE UNITED STATES." 28 U.S.C. §
 2679(B)(2)(A). THE PLAIN TEXT OF THIS PROVISION CONTAINS  NO  LIMITATION
 ON  THE  SCOPE  OF  CONSTITUTIONAL VIOLATIONS CARVED OUT FROM THE FTCA'S
 EXCLUSIVE  PURVIEW,  RECOGNIZING  THE  WELL-ESTABLISHED  PRINCIPLE  THAT
 GOVERNMENT  AGENTS  ACT  OUTSIDE OF THE SCOPE OF THEIR OFFICES WHEN THEY
 VIOLATE THE CONSTITUTION. THE LEGISLATURE INTENDS FOR  THIS  STATUTE  TO
 FALL SQUARELY WITHIN THAT PROVISION.
   THIS  ARTICLE  DOES  NOT, NOR IS INTENDED TO, USURP FEDERAL AUTHORITY.
 NOR DOES IT DISCRIMINATE AGAINST FEDERAL OFFICIALS. THIS STATUTE  UNDER-
 SCORES  THE  SUPREMACY  OF THE FEDERAL CONSTITUTION BY ENSURING THAT ITS
 GUARANTEES REMAIN ENFORCEABLE FOR ALL NEW YORKERS  AGAINST  ALL  PERSONS
 ACTING  UNDER  COLOR OF ANY LAW. FROM THE FOUNDING ERA THROUGH THE NINE-
 TEENTH CENTURY, COURTS REGULARLY ENTERTAINED  STATE  LAW  SUITS  AGAINST
 FEDERAL OFFICERS WHO EXCEEDED LAWFUL AUTHORITY. NOTHING IN THE CONSTITU-
 TION,  FEDERAL  STATUTES, OR UNITED STATES SUPREME COURT PRECEDENT FORE-
 CLOSES SUCH ACTIONS TODAY. THE LEGISLATURE  THUS  FINDS  THAT  NEW  YORK
 STATE  MAY  PROPERLY  ACT  TO  SAFEGUARD  ITS  RESIDENTS' CONSTITUTIONAL
 RIGHTS.
   THE INTENT OF THIS STATUTE  IS  TO  RESTORE  A  MEANINGFUL  AVENUE  OF
 ACCOUNTABILITY  CONSISTENT  WITH FEDERAL SUPREMACY, SOVEREIGNTY, AND THE
 LONG-STANDING PRINCIPLE THAT RIGHTS MUST BE PAIRED WITH REMEDIES.
   2. DEFINITION. AS USED IN THIS SECTION, "COLOR OF  ANY  LAW,  STATUTE,
 ORDINANCE,  REGULATION, CUSTOM, OR USAGE" INCLUDES COLOR OF ANY STATUTE,
 ORDINANCE, REGULATION, CUSTOM, OR USAGE, OF THE UNITED STATES AND OF ANY
 STATE OR TERRITORY OR DISTRICT OF COLUMBIA.
   3. LIABILITY. ANY PERSON WHO, UNDER COLOR OF ANY LAW,  STATUTE,  ORDI-
 NANCE,   REGULATION,  CUSTOM,  OR  USAGE,  SUBJECTS,  OR  CAUSES  TO  BE
 SUBJECTED, ANY CITIZEN OF THE UNITED STATES OR OTHER PERSON  WITHIN  THE
 JURISDICTION  THEREOF  TO  THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR
 IMMUNITIES SECURED BY THE CONSTITUTION OF THE UNITED  STATES,  SHALL  BE
 LIABLE  TO  THE  PARTY  INJURED  IN AN ACTION AT LAW, SUIT IN EQUITY, OR
 OTHER PROPER PROCEEDING FOR REDRESS, EXCEPT THAT IN ANY  ACTION  BROUGHT
 AGAINST  A  JUDICIAL  OFFICER FOR AN ACT OR OMISSION TAKEN IN SUCH OFFI-
 CER'S JUDICIAL CAPACITY, INJUNCTIVE RELIEF SHALL NOT BE  GRANTED  UNLESS
 DECLARATORY DECREE WAS VIOLATED OR DECLARATORY RELIEF WAS UNAVAILABLE.
   4.  IMMUNITY DEFENSES. (A) OFFICIAL IMMUNITY. A DEFENDANT IN AN ACTION
 UNDER THIS SECTION MAY ASSERT A DEFENSE OF ABSOLUTE OR QUALIFIED IMMUNI-
 TY TO THE SAME EXTENT AS A PERSON SUED UNDER 42 U.S.C. 1983  UNDER  LIKE
 CIRCUMSTANCES.
   (B)  SOVEREIGN IMMUNITY. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
 WAIVE OR ABROGATE ANY DEFENSE OR SOVEREIGN IMMUNITY OTHERWISE  AVAILABLE
 TO A PARTY.
   5.  REMEDIES.  IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY
 AWARD:
   (A) COMPENSATORY DAMAGES, INCLUDING DAMAGES  FOR  EMOTIONAL  DISTRESS,
 PAIN AND SUFFERING, AND OTHER NON-ECONOMIC DAMAGES;
   (B)  PUNITIVE  DAMAGES  WHERE  THE VIOLATION IS FOUND TO BE MALICIOUS,
 WANTON, WILLFUL, OR IN RECKLESS DISREGARD OF THE PLAINTIFF'S RIGHTS;
   (C) INJUNCTIVE AND DECLARATORY RELIEF;
 S. 8500--A                          3
 
   (D) REASONABLE ATTORNEYS' FEES AND COSTS TO  A  PREVAILING  PLAINTIFF;
 AND
   (E) EXPERT FEES AS PART OF THE REASONABLE ATTORNEYS' FEES.
   6.  SEVERABILITY.  IF ANY PROVISION OF THIS SECTION OR THE APPLICATION
 OF THE PERSON OR CIRCUMSTANCE IS HELD INVALID,  THE  REMAINDER  OF  THIS
 SECTION  AND  THE  APPLICATION  OF  THE PROVISION TO ANY OTHER PERSON OR
 CIRCUMSTANCE SHALL NOT BE AFFECTED BY THAT INVALIDATION.
   § 3. This act shall take effect immediately.

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Senate Bill S8500A

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

2025-S8500 - Details

2025-S8500 - Summary

2025-S8500 - Sponsor Memo

2025-S8500 - Bill Text download pdf

co-Sponsors

2025-S8500A (ACTIVE) - Details

2025-S8500A (ACTIVE) - Summary

2025-S8500A (ACTIVE) - Sponsor Memo

2025-S8500A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

2025-S8500 - Details

2025-S8500 - Summary

2025-S8500 - Sponsor Memo

2025-S8500 - Bill Text download pdf

co-Sponsors

2025-S8500A (ACTIVE) - Details

2025-S8500A (ACTIVE) - Summary

2025-S8500A (ACTIVE) - Sponsor Memo

2025-S8500A (ACTIVE) - Bill Text download pdf

Comments