Assembly Actions -
Senate Actions - UPPERCASE
|Sep 09, 2020||
referred to governmental operations
Assembly Bill A10978
2019-2020 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
Walter T. Mosley
2019-A10978 (ACTIVE) - Details
2019-A10978 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10978 I N A S S E M B L Y September 9, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hunter) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to providing a civil action for deprivation of 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-q to read as follows: § 79-Q. CIVIL ACTION FOR DEPRIVATION OF RIGHTS. 1. (A) A PERSON OR PUBLIC ENTITY ACTING UNDER COLOR OF LAW THAT SUBJECTS OR CAUSES TO BE SUBJECTED ANY OTHER PERSON TO THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR EQUITABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF. FOR THE PURPOSES OF THIS SECTION, A PUBLIC ENTITY SUBJECTS, OR CAUSES TO BE SUBJECTED, ANY PERSON TO THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS, BY EMPLOYING ANY PERSON WHO VIOLATES THIS SECTION. (B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IN ANY ACTION BROUGHT PURSUANT TO THIS SECTION OR THE NEW YORK HUMAN RIGHTS LAW, A COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING PLAINTIFF. FOR THE PURPOSES OF THIS SECTION, THE TERM "PREVAILING" INCLUDES A PLAINTIFF WHOSE COMMENCEMENT OF LITIGATION HAS ACTED AS A CATALYST TO EFFECT CHANGE IN THE DEFENDANT'S CONDUCT, REGARDLESS OF WHETHER THAT CHANGE HAS BEEN IMPLEMENTED AS A RESULT OF A JUDGMENT IN SUCH PLAINTIFF'S FAVOR. WHEN A JUDGMENT IS ENTERED IN FAVOR OF A DEFEND- ANT, THE COURT MAY AWARD REASONABLE COSTS AND ATTORNEY FEES TO THE DEFENDANT ONLY FOR DEFENDING ANY CLAIMS THE COURT FINDS FRIVOLOUS. 2. (A) IF A PERSON OR PUBLIC ENTITY ACTING UNDER COLOR OF LAW THAT SUBJECTS OR CAUSES TO BE SUBJECTED ANY OTHER PERSON TO THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS, THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION FOR LEGAL OR EQUITABLE RELIEF OR OTHER PROPER REDRESS. THE CIVIL ACTION SHALL BE BROUGHT IN THE NAME OF THE STATE AND MAY BE BROUGHT ON BEHALF OF THE INJURED PARTY. A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.