S T A T E O F N E W Y O R K
________________________________________________________________________
3998
2025-2026 Regular Sessions
I N S E N A T E
January 31, 2025
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Introduced by Sens. PARKER, SALAZAR -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to civil actions for
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 section
79-r to read as follows:
§ 79-R. CIVIL ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS. 1.
NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, A PEACE OFFICER, AS
DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, EMPLOYED BY A
LOCAL GOVERNMENT, WHO UNDER COLOR OF LAW, SUBJECTS OR CAUSES TO BE
SUBJECTED, INCLUDING FAILING TO INTERVENE, ANY OTHER PERSON TO THE
DEPRIVATION OF ANY INDIVIDUAL RIGHTS THAT CREATE BINDING OBLIGATIONS ON
GOVERNMENT ACTORS SECURED BY THE BILL OF RIGHTS, ARTICLE ONE OF THE
STATE CONSTITUTION, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR EQUITA-
BLE RELIEF OR ANY OTHER APPROPRIATE RELIEF.
2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, (A) STATUTORY IMMU-
NITIES AND STATUTORY LIMITATIONS ON LIABILITY, DAMAGES OR ATTORNEY FEES
SHALL NOT APPLY TO CLAIMS BROUGHT PURSUANT TO THIS SECTION; (B) GOVERN-
MENTAL IMMUNITY SHALL NOT BE A DEFENSE TO LIABILITY PURSUANT TO THIS
SECTION; AND (C) QUALIFIED IMMUNITY SHALL NOT BE A DEFENSE TO LIABILITY
PURSUANT TO THIS SECTION.
3. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IN ANY ACTION
BROUGHT PURSUANT TO THIS SECTION, A COURT SHALL AWARD REASONABLE ATTOR-
NEY FEES AND COSTS TO A PREVAILING PLAINTIFF. IN ACTIONS FOR INJUNCTIVE
RELIEF, A COURT SHALL DEEM A PLAINTIFF TO HAVE PREVAILED IF THE
PLAINTIFF'S SUIT WAS A SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN
OBTAINING THE RESULTS SOUGHT BY THE LITIGATION. WHEN A JUDGMENT IS
ENTERED IN FAVOR OF A DEFENDANT, THE COURT MAY AWARD REASONABLE COSTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06949-01-5
S. 3998 2
AND ATTORNEY FEES TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE COURT
FINDS FRIVOLOUS.
§ 2. This act shall take effect immediately and shall apply to any
cause of action that accrues on or after such effective date.