What's happening
This bill creates a new state-level right to sue for civil rights violations in New York courts, including mandatory attorney and expert fee awards.
Why it matters
Creates a state-level right to sue for civil rights violations. This allows New Yorkers to bring lawsuits in state court for violations of rights protected by the state constitution and laws, providing an alternative to federal civil rights lawsuits and potentially making it easier for individuals to seek justice.
Mandates attorney’s and expert fees for prevailing parties. If a plaintiff wins a civil or human rights case under this law (except when suing the state itself), the court must award reasonable attorney and expert fees, reducing the financial barriers to pursuing such cases and incentivizing attorneys to take on civil rights litigation.
Clarifies judicial immunity and scope. Judicial officers are protected from injunctive relief and fee awards unless their actions were clearly outside their jurisdiction, balancing the need for judicial independence with accountability for civil rights violations.
Aligns state law with federal standards but allows broader remedies. Courts may look to federal interpretations of similar civil rights laws for guidance, but the bill explicitly allows state courts to provide additional remedies if state law doesn’t already offer them, potentially expanding protections beyond what federal law provides.
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Who cares
Headline styles
Strengthen Civil Rights Laws
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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
528
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. STECK, REYES -- read once and referred to the Committee on Governmental Operations
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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01076-01-5
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.