Senate Bill S8500

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8500
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                            September 10, 2025
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
              

 S. 8500                             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.