Senate Bill S8504

                                 
BILL NUMBER: S8504

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to establishing civil
liability for the deprivation of any rights, privileges, or immunities
secured by the federal or state constitution

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a private right of action for individuals whose federal
constitutional rights are violated by federal officials acting under
color of federal law.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the Civil Rights Law, creating a private
right of action in state court for any person subjected by a federal
official, acting under color of federal law, to the deprivation of
rights, privileges, or immunities secured by the United States Constitu-
tion or the Constitution of the State of New York.
              

Section 2 establishes an immediate effective date.

 
JUSTIFICATION:

42 U.S.C. § 1983 allows individuals to sue state and local officials for
violations of federal constitutional rights, however, there is no analo-
gous statutory remedy for when federal officials commit the same
violations against the same citizens. Most federal law enforcement
actions are protected by qualified immunity, leaving those whose consti-
tutional rights have been violated with little recourse.

The Supreme Court has recognized limited federal remedies for such
cases, but the scope of those remedies has been severely narrowed over
time and is under increasing threat by President Trump's Supreme Court.
A state law, often called a "converse-1983" statute, would ensure that
New Yorkers have a forum and a means to obtain redress when harmed by
unconstitutional conduct by federal agents.

Historically, state law has served as a critical backstop against feder-
al abuse. By adopting a converse-1983 statute, New York will restore the
right, in keeping with long-standing tradition, of its citizens to sue
when their constitutional rights have been violated by federal offi-
cials.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill is effective immediately.