What's happening
This bill creates civil liability for anyone who deprives someone of rights under New York law, abolishing certain immunities and ensuring remedies including jury trials and attorney fees.
Why it matters
Removes key immunities for government actors. , including state and local officials, making it easier for individuals to sue for violations of rights under New York law—this could significantly increase accountability for misconduct by public employees.
Guarantees the right to a jury trial and recovery of attorney and expert fees. for prevailing plaintiffs in civil rights cases, which lowers financial barriers for people seeking to challenge rights violations and increases the likelihood that such cases can be brought and sustained.
Makes state and local governments automatically liable (“respondeat superior”). for constitutional violations committed by their employees, meaning that victims don’t have to prove a government policy caused the harm—this could result in broader liability and higher financial risks for public entities.
Aligns New York’s enforcement mechanisms with federal civil rights statutes (like 42 U.S.C. § 1983),. but explicitly abolishes certain federal immunities (like qualified immunity), potentially creating a more plaintiff-friendly environment than exists under federal law.
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Who cares
Headline styles
Allow Lawsuits for Rights Violations
Plain English, a few words. Used as the page title.
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History
- Enacting clause stricken
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1081
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
Introduced by M. of A. STECK -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the civil rights law, in relation to establishing civil liability for anyone subjecting another person to the deprivation of any rights, privileges or immunities secured by law
The People of the State of New York, represented in Senate and Assembly, 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. 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 granted unless a declaratory decree was violated or declaratory relief was unavailable.
2. The supreme court 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 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. The parties in an action brought pursuant to this section shall have the right to a jury trial. A remedy that does not include the right to a jury trial or recovery of attorneys' fees and expert fees as provided herein shall not be considered an adequate remedy.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03044-01-5
3. (a) In any action or proceeding to enforce this section or the human rights law, the court shall award the prevailing party, other than the state, 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 attorneys' 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 section 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.
6. The state hereby waives its sovereign immunity and consents on behalf of itself, its subdivisions, agencies, public authorities, and any other affiliated entity to suit as provided herein. All other immunities from suit hitherto existing under 42 U.S.C §§ 1983 and 1988 are abolished and shall not be asserted as a defense to any action arising under this section, unless specifically set forth herein.
7. The state, its subdivisions, agencies, public authorities, and any other affiliated entities, and all municipal entities in this state, including but not limited to counties, school districts, towns, and villages, shall be liable in respondeat superior for the actions of any person committing constitutional violations as referred to in subdivision one of this section.
§ 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.
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