senate Bill S1991

2021-2022 Legislative Session

Relates to providing a civil action for deprivation of rights

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations 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
Jan 16, 2021 referred to investigations and government operations

Co-Sponsors

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S1991 (ACTIVE) - Details

See Assembly Version of this Bill:
A4331
Current Committee:
Senate Investigations And Government Operations
Law Section:
Civil Rights Law
Laws Affected:
Add §79-q, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
S8668, A10978

S1991 (ACTIVE) - Summary

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

S1991 (ACTIVE) - Sponsor Memo

S1991 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1991
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens.  JACKSON, SALAZAR, RAMOS, RIVERA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Investigations and Government 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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