S T A T E O F N E W Y O R K
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4331
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
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Introduced by M. of A. HUNTER, GOTTFRIED, REYES, SIMON, EPSTEIN -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02350-01-1
A. 4331 2
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
SHALL NOT FORECLOSE AN INJURED PARTY FROM BRINGING THEIR OWN CIVIL
ACTION FOR LEGAL OR EQUITABLE RELIEF OR OTHER PROPER REDRESS. A CIVIL
ACTION BROUGHT BY AN INJURED PARTY SHALL NOT FORECLOSE THE ATTORNEY
GENERAL FROM BRINGING A CIVIL ACTION FOR LEGAL OR EQUITABLE RELIEF OR
OTHER PROPER REDRESS.
(B) IF THE ATTORNEY GENERAL PREVAILS IN AN ACTION BROUGHT PURSUANT TO
THIS SECTION, THE COURT SHALL ORDER THE DISTRIBUTION OF ANY AWARD OF
DAMAGES TO THE INJURED PARTY.
3. (A) STATUTORY IMMUNITIES AND STATUTORY LIMITATIONS ON LIABILITY,
DAMAGES OR ATTORNEY FEES DO NOT APPLY TO CLAIMS BROUGHT PURSUANT TO THIS
SECTION.
(B) IT SHALL NOT BE A DEFENSE OR IMMUNITY TO ANY ACTION BROUGHT FOR
THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE
FEDERAL OR STATE CONSTITUTION AND LAWS, THAT SUCH DEFENDANT WAS ACTING
IN GOOD FAITH, OR THAT THE DEFENDANT BELIEVED, REASONABLY OR OTHERWISE,
THAT THEIR CONDUCT WAS LAWFUL AT THE TIME SUCH CONDUCT WAS COMMITTED.
NOR SHALL IT BE A DEFENSE OR IMMUNITY THAT THE RIGHTS, PRIVILEGES, OR
IMMUNITIES SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS WERE NOT
CLEARLY ESTABLISHED AT THE TIME OF THEIR DEPRIVATION BY THE DEFENDANT,
OR THAT THE STATE OF THE LAW WAS OTHERWISE SUCH THAT THE DEFENDANT COULD
NOT REASONABLY HAVE BEEN EXPECTED TO KNOW WHETHER THEIR CONDUCT WAS
LAWFUL.
4. A CIVIL ACTION PURSUANT TO THIS SECTION SHALL BE COMMENCED WITHIN
THREE YEARS AFTER THE CAUSE OF ACTION ACCRUES.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PUBLIC ENTITY SHALL
INDEMNIFY ITS PUBLIC EMPLOYEE FOR ANY LIABILITY INCURRED BY THE EMPLOYEE
AND FOR ANY JUDGMENT ENTERED AGAINST THE EMPLOYEE FOR CLAIMS ARISING
UNDER THIS SECTION; EXCEPT THAT A PUBLIC ENTITY SHALL NOT INDEMNIFY A
PUBLIC EMPLOYEE IF THE EMPLOYEE WAS CONVICTED OF A CRIMINAL VIOLATION
FOR THE CONDUCT FROM WHICH THE CLAIM ARISES.
6. FOR THE PURPOSE OF THIS SECTION, "PUBLIC ENTITY" SHALL MEAN THE
STATE, ANY COUNTY, CITY AND COUNTY, MUNICIPALITY, AND EVERY OTHER POLI-
TICAL SUBDIVISION OF THE STATE; AND ANY PRIVATE ENTITY THAT ENGAGES IN
STATE ACTION.
7. THE IMMUNITY GRANTED PURSUANT TO SUBDIVISION ONE OF SECTION TWEN-
TY-FOUR OF THE CORRECTION LAW SHALL NOT EXTEND TO ACTIONS BROUGHT PURSU-
ANT TO THIS SECTION.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING BUT NOT
LIMITED TO SUBDIVISION TWO OF SECTION TWENTY-FOUR OF THE CORRECTION LAW,
ACTIONS BROUGHT PURSUANT TO THIS SECTION MAY BE COMMENCED IN ANY COURT
OF COMPETENT JURISDICTION, INCLUDING THE SUPREME COURT.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.