What's happening
This bill creates a state-level civil rights law in New York, allowing individuals to sue for civil rights violations and recover attorney and expert fees.
Why it matters
Empowers individuals to seek justice for state civil rights violations. by enabling lawsuits in state court against anyone (including government actors) who deprives them of rights under New York’s constitution or laws, not just federal law.
Levels the playing field for plaintiffs. by mandating that courts award reasonable attorney’s fees and expert costs to prevailing parties (except the state), removing a significant financial barrier to pursuing civil rights claims.
Expands access to remedies beyond existing state law. by requiring courts to use common law principles if New York statutes lack sufficient remedies, ensuring that victims aren’t left without recourse due to legislative gaps.
Signals state autonomy and responsiveness to local needs. by encouraging New York courts to interpret this law with reference to federal civil rights precedents (like 42 U.S.C. § 1983 and § 1988), but not requiring identical application—allowing for tailored state-level protections.
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Who cares
People alleging violations of state constitutional or statutory rights
The bill would create a right to sue people who deprive them of those rights under color of state law.
Civil rights and human rights litigants
Courts would have to award reasonable attorney’s fees to prevailing parties other than New York State, with reasonable expert fees included in actions enforcing the new civil rights article.
Judicial officers
The bill would limit injunctions against their judicial acts and shield them from costs, including attorney’s fees, unless they acted clearly beyond their jurisdiction.
New York State Supreme Court
The bill would give the court jurisdiction over the new civil rights suits and direct it to use common law where state law lacks suitable remedies.
Headline styles
Strengthen Civil Rights Laws
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Amended on third reading 292b
- Ordered to third reading cal.12
- Ordered to third reading rules cal.635
- Rules report cal.635
- Reported
- Reported referred to rules
- Print number 292a
- Amend and recommit to codes
- Reported referred to codes
Show 1 earlier action
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Civil Rights Lawsuits
In Senate Committee · Codes · Sponsor Luis R. Sepúlveda
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
292--B Cal. No. 12
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. STECK, SEAWRIGHT -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the civil rights law, in relation to the imposition of penalties and remedies in suits brought for the vindication of civil rights or human rights
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 10 and sections 100 and 101 of the civil rights law, as renumbered by chapter 263 of the laws of 2019, are renumbered article 11 and sections 110 and 111 and a new article 10 is added to read as follows:
ARTICLE 10
PENALTIES AND REMEDIES
Section 100. Penalties and remedies.
§ 100. Penalties and remedies. 1. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of this state, subjects, or causes to be subjected, any citizen of this state or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the constitution and laws of this state, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03610-04-0
A. 292--B 2
granted unless a declaratory decree was violated or declaratory relief was unavailable.
2. The supreme court of the state of New York shall have jurisdiction over all suits brought for the vindication of civil rights as provided in subdivision one of this section. To the extent that the laws of the state of New York furnish a remedy for the vindication of such civil rights, such laws shall be applied; but in all cases where such laws are deficient in the provisions necessary to furnish suitable remedies, the common law shall be extended to and govern the said courts in the trial and disposition of the matter.
3. (a) In any action or proceeding to enforce this section or the New York human rights law, the court must award the prevailing party, other than the state of New York, a reasonable attorney's fee as part of the costs, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such officer's jurisdiction.
(b) In awarding an attorney's fee under paragraph (a) of this subdivision in any action or proceeding to enforce a provision of this article, the court shall include reasonable expert fees as part of the attorney's fee.
4. This article shall supplement and not displace any jurisdiction currently existing in the courts or administrative agencies of this state to the extent that other laws of this state already provide a remedy for the type of injury referred to in this section.
5. In interpreting this section, the courts may consider the fundamental principles already enunciated by the federal courts in interpreting 42 U.S.C. §§ 1983 and 1988, which are the parallel federal civil rights laws.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.