S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8454
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to establishing  civil
   liability  for  anyone subjecting another person to the deprivation of
   any rights, privileges or immunities secured by law

   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. PENALTIES AND REMEDIES. 1. EVERY PERSON WHO,  UNDER  COLOR  OF
 ANY  STATUTE,  ORDINANCE,  REGULATION,  CUSTOM, OR USAGE, OF THIS STATE,
 SUBJECTS, OR CAUSES TO BE SUBJECTED, ANY CITIZEN OF THIS STATE OR  OTHER
 PERSON WITHIN THE JURISDICTION THEREOF TO THE DEPRIVATION OF ANY RIGHTS,
 PRIVILEGES,  OR  IMMUNITIES SECURED BY THE CONSTITUTION AND LAWS OF THIS
 STATE, 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 OFFICER'S JUDICIAL CAPACITY,  INJUNCTIVE  RELIEF  SHALL  NOT  BE
 GRANTED  UNLESS  A DECLARATORY DECREE WAS VIOLATED OR DECLARATORY RELIEF
 WAS UNAVAILABLE.
   2. THE SUPREME COURT SHALL HAVE JURISDICTION OVER  ALL  SUITS  BROUGHT
 FOR  THE  VINDICATION  OF CIVIL RIGHTS AS PROVIDED IN SUBDIVISION ONE OF
 THIS SECTION. TO THE EXTENT THAT THE LAWS OF THE STATE FURNISH A  REMEDY
 FOR  THE  VINDICATION  OF SUCH CIVIL RIGHTS, SUCH LAWS SHALL BE APPLIED;
 BUT IN ALL CASES WHERE SUCH LAWS ARE DEFICIENT IN THE PROVISIONS  NECES-
 SARY  TO  FURNISH SUITABLE REMEDIES, THE COMMON LAW SHALL BE EXTENDED TO
 AND GOVERN THE SAID COURTS IN THE TRIAL AND DISPOSITION OF  THE  MATTER.
 THE PARTIES IN AN ACTION BROUGHT PURSUANT TO THIS SECTION SHALL HAVE THE
 RIGHT  TO  A JURY TRIAL.   A REMEDY THAT DOES NOT INCLUDE THE RIGHT TO A
 JURY TRIAL OR RECOVERY OF ATTORNEYS' FEES AND EXPERT  FEES  AS  PROVIDED
 HEREIN SHALL NOT BE CONSIDERED AN ADEQUATE REMEDY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13486-01-1
              

 A. 8454                             2
 
   3.  (A)  IN  ANY  ACTION  OR PROCEEDING TO ENFORCE THIS SECTION OR THE
 HUMAN RIGHTS LAW, THE COURT SHALL AWARD THE PREVAILING PARTY, OTHER THAN
 THE STATE, A REASONABLE ATTORNEY'S FEE AS PART OF THE COSTS, EXCEPT THAT
 IN ANY ACTION BROUGHT AGAINST A JUDICIAL OFFICER FOR AN ACT OR  OMISSION
 TAKEN IN SUCH OFFICER'S JUDICIAL CAPACITY SUCH OFFICER SHALL NOT BE HELD
 LIABLE  FOR ANY COSTS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH ACTION WAS
 CLEARLY IN EXCESS OF SUCH OFFICER'S JURISDICTION.
   (B) IN AWARDING AN ATTORNEY'S FEE UNDER PARAGRAPH (A) OF THIS SUBDIVI-
 SION IN ANY ACTION OR PROCEEDING TO ENFORCE A PROVISION OF THIS ARTICLE,
 THE COURT SHALL INCLUDE REASONABLE EXPERT FEES AS PART OF THE ATTORNEY'S
 FEE.
   4. THIS SECTION SHALL SUPPLEMENT AND  NOT  DISPLACE  ANY  JURISDICTION
 CURRENTLY  EXISTING  IN  THE  COURTS  OR ADMINISTRATIVE AGENCIES OF THIS
 STATE TO THE EXTENT THAT OTHER LAWS OF  THIS  STATE  ALREADY  PROVIDE  A
 REMEDY FOR THE TYPE OF INJURY REFERRED TO IN THIS SECTION.
   5. IN INTERPRETING THIS SECTION, THE COURTS MAY CONSIDER THE FUNDAMEN-
 TAL  PRINCIPLES ALREADY ENUNCIATED BY THE FEDERAL COURTS IN INTERPRETING
 42 U.S.C §§ 1983 AND 1988, WHICH ARE THE PARALLEL FEDERAL  CIVIL  RIGHTS
 LAWS.
   6.  THE  STATE  HEREBY  WAIVES  ITS SOVEREIGN IMMUNITY AND CONSENTS ON
 BEHALF OF ITSELF, ITS SUBDIVISIONS, AGENCIES,  PUBLIC  AUTHORITIES,  AND
 ANY  OTHER AFFILIATED ENTITY TO SUIT AS PROVIDED HEREIN. ALL OTHER IMMU-
 NITIES FROM SUIT HITHERTO EXISTING UNDER 42 U.S.C §§ 1983 AND  1988  ARE
 ABOLISHED  AND  SHALL NOT BE ASSERTED AS A DEFENSE TO ANY ACTION ARISING
 UNDER THIS SECTION, UNLESS SPECIFICALLY SET FORTH HEREIN.
   7. THE STATE, ITS SUBDIVISIONS, AGENCIES, PUBLIC AUTHORITIES, AND  ANY
 OTHER  AFFILIATED  ENTITIES,  AND  ALL MUNICIPAL ENTITIES IN THIS STATE,
 INCLUDING BUT NOT LIMITED TO  COUNTIES,  SCHOOL  DISTRICTS,  TOWNS,  AND
 VILLAGES,  SHALL BE LIABLE IN RESPONDEAT SUPERIOR FOR THE ACTIONS OF ANY
 PERSON COMMITTING CONSTITUTIONAL VIOLATIONS AS REFERRED TO  IN  SUBDIVI-
 SION ONE OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.