Assembly Bill A9076

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9076
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 12, 2025
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  civil rights law, in relation to establishing a
   right of action for the deprivation of constitutional 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 article 8-A
 to read as follows:
                                 ARTICLE 8-A
                        THE NEW YORK CIVIL RIGHTS ACT
 SECTION 85. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS.
   § 85. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS.  1. LEGISLATIVE
 INTENT.  THE PEOPLE OF THE STATE OF NEW YORK MUST BE GUARANTEED MEANING-
 FUL REMEDIES, INCLUDING BUT NOT LIMITED TO THOSE  PROVIDED  THROUGH  THE
 COURTS,  WHEN  THEIR  CONSTITUTIONAL  RIGHTS ARE VIOLATED. RECENT UNITED
 STATES SUPREME COURT DECISIONS HAVE CURTAILED THE AVAILABILITY  OF  SUCH
 REMEDIES  UNDER BIVENS V. SIX UNKNOWN NAMED AGENTS, REPEATEDLY DECLINING
 TO EXTEND DAMAGES ACTIONS TO NEW CONTEXTS AND LEAVING  MANY  VICTIMS  OF
 CONSTITUTIONAL  VIOLATIONS  WITHOUT RECOURSE.  CONCURRENTLY, THE FEDERAL
 TORT CLAIMS ACT (FTCA), AS AMENDED BY THE  WESTFALL  ACT,  PROVIDES  THE
 EXCLUSIVE  AVENUE  FOR  MANY  COMMON-LAW DAMAGES ACTIONS AGAINST FEDERAL
 OFFICERS ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT. THESE DEVELOPMENTS
 HAVE CREATED A SIGNIFICANT REMEDIAL VOID  FOR  NEW  YORKERS  INJURED  BY
 UNCONSTITUTIONAL CONDUCT.
   THEREFORE,  THE  LEGISLATURE FINDS IT NECESSARY TO ENACT A STATE CAUSE
 OF ACTION AUTHORIZING CLAIMS FOR DAMAGES AGAINST ANY FEDERAL, STATE,  OR
 LOCAL OFFICIAL, WHO, ACTING UNDER COLOR OF FEDERAL, STATE, OR LOCAL LAW,
 DEPRIVES  A  PERSON OF RIGHTS SECURED BY THE UNITED STATES CONSTITUTION.
 THE WESTFALL ACT EXPLICITLY CARVES OUT FROM THE FTCA'S EXCLUSIVE PURVIEW
 "A CIVIL ACTION AGAINST AN EMPLOYEE OF THE GOVERNMENT WHICH  IS  BROUGHT
 FOR  A  VIOLATION OF THE CONSTITUTION OF THE UNITED STATES." 28 U.S.C. §
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13560-03-5
              

 A. 9076                             2
 
 2679(B)(2)(A). THE PLAIN TEXT OF THIS PROVISION CONTAINS  NO  LIMITATION
 ON  THE  SCOPE  OF  CONSTITUTIONAL VIOLATIONS CARVED OUT FROM THE FTCA'S
 EXCLUSIVE  PURVIEW,  RECOGNIZING  THE  WELL-ESTABLISHED  PRINCIPLE  THAT
 GOVERNMENT  AGENTS  ACT  OUTSIDE OF THE SCOPE OF THEIR OFFICES WHEN THEY
 VIOLATE THE CONSTITUTION. THE LEGISLATURE INTENDS FOR  THIS  STATUTE  TO
 FALL SQUARELY WITHIN THAT PROVISION.
   THIS  ARTICLE  DOES  NOT, NOR IS INTENDED TO, USURP FEDERAL AUTHORITY.
 NOR DOES IT DISCRIMINATE AGAINST FEDERAL OFFICIALS. THIS STATUTE  UNDER-
 SCORES  THE  SUPREMACY  OF THE FEDERAL CONSTITUTION BY ENSURING THAT ITS
 GUARANTEES REMAIN ENFORCEABLE FOR ALL NEW YORKERS  AGAINST  ALL  PERSONS
 ACTING  UNDER COLOR OF LAW. FROM THE FOUNDING ERA THROUGH THE NINETEENTH
 CENTURY, STATE COURTS REGULARLY ENTERTAINED SUITS AGAINST FEDERAL  OFFI-
 CERS WHO EXCEEDED LAWFUL AUTHORITY. NOTHING IN THE CONSTITUTION, FEDERAL
 STATUTES,  OR  UNITED  STATES  SUPREME  COURT  PRECEDENT FORECLOSES SUCH
 ACTIONS TODAY. THE LEGISLATURE THUS FINDS THAT NEW YORK STATE MAY  PROP-
 ERLY ACT TO SAFEGUARD ITS RESIDENTS' CONSTITUTIONAL RIGHTS.
   THE  INTENT  OF  THIS  STATUTE  IS  TO  RESTORE A MEANINGFUL AVENUE OF
 ACCOUNTABILITY CONSISTENT WITH FEDERAL SUPREMACY, STATE SOVEREIGNTY, AND
 THE LONGSTANDING PRINCIPLE THAT RIGHTS MUST BE PAIRED WITH REMEDIES.
   2. LIABILITY. ANY PERSON WHO, UNDER THE COLOR  OF  LAW,  SUBJECTS,  OR
 CAUSES  TO  BE  SUBJECTED, ANY PERSON WITHIN THE JURISDICTION THEREOF TO
 THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY  THE
 FEDERAL OR STATE CONSTITUTION OR LAWS, OR WHOSE EXERCISE OR ENJOYMENT OF
 THOSE  RIGHTS,  PRIVILEGES  OR  IMMUNITIES  HAS  BEEN INTERFERED WITH OR
 ATTEMPTED TO BE INTERFERED WITH, BY THREATS, INTIMIDATION OR COERCION BY
 A PERSON ACTING UNDER THE COLOR OF LAW, SHALL BE  LIABLE  TO  THE  PARTY
 INJURED  IN AN ACTION AT LAW, SUIT IN EQUITY, OR OTHER PROPER PROCEEDING
 FOR REDRESS.
   3. CIVIL ACTION. IF A PERSON, ACTING UNDER THE COLOR OF LAW, SUBJECTS,
 OR CAUSES TO BE SUBJECTED, ANY  OTHER  PERSON  THE  DEPRIVATION  OF  ANY
 RIGHTS,  PRIVILEGES,  OR  IMMUNITIES  SECURED  BY  THE  FEDERAL OR STATE
 CONSTITUTION OR LAWS, OR INTERFERES WITH OR ATTEMPTS TO  INTERFERE  WITH
 THE  EXERCISE  OR  ENJOYMENT  OF  THOSE RIGHTS, PRIVILEGES OR IMMUNITIES
 SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS, BY THREATS, INTIM-
 IDATION OR COERCION, THE ATTORNEY GENERAL MAY BRING A CIVIL  ACTION  FOR
 DAMAGES, INJUNCTIVE RELIEF OR OTHER APPROPRIATE RELIEF. THE CIVIL ACTION
 SHALL  BE  BROUGHT IN THE NAME OF THE STATE AND MAY BE BROUGHT ON BEHALF
 OF THE INJURED PARTY. IF THE ATTORNEY GENERAL PROCEEDS WITH AND PREVAILS
 IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE COURT SHALL ORDER THE
 DISTRIBUTION OF ANY AWARD OF DAMAGES TO  THE  INJURED  PARTY  AND  SHALL
 AWARD REASONABLE ATTORNEY'S FEES AND COSTS TO THE ATTORNEY GENERAL.
   4.  REMEDIES.  IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY
 AWARD:
   (A) COMPENSATORY DAMAGES, INCLUDING DAMAGES  FOR  EMOTIONAL  DISTRESS,
 PAIN AND SUFFERING, AND OTHER NON-ECONOMIC DAMAGES;
   (B)  PUNITIVE  DAMAGES  WHERE  THE VIOLATION IS FOUND TO BE MALICIOUS,
 WANTON, WILLFUL, OR IN RECKLESS DISREGARD OF THE PLAINTIFF'S RIGHTS;
   (C) INJUNCTIVE AND DECLARATORY RELIEF; AND
   (D) REASONABLE ATTORNEYS' FEES AND COSTS TO A PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.