assembly Bill A10978

2019-2020 Legislative Session

Relates to providing a civil action for deprivation of rights

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 09, 2020 referred to governmental operations

Co-Sponsors

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A10978 (ACTIVE) - Details

See Senate Version of this Bill:
S8668
Law Section:
Civil Rights Law
Laws Affected:
Add §79-q, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A4331, S1991

A10978 (ACTIVE) - Summary

Provides a civil action for deprivation of rights which is caused by any person or public entity.

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