New York 2025-2026 Regular Session

New York Assembly Bill A01081

Introduced
1/8/25  
Refer
1/8/25  

Caption

Establishes civil liability for anyone subjecting another person to the deprivation of any rights, privileges or immunities secured by law; establishes that the supreme court shall have jurisdiction over such matters and that the prevailing party shall be awarded reasonable attorney's fees as part of the costs; provides that the state waives sovereign immunity for violations of such law.

Summary

Bill A01081 proposes to amend the civil rights law in New York by establishing civil liability for individuals who deprive others of rights, privileges, or immunities secured by law. It allows for legal action against those acting under the authority of state statutes or regulations, with the Supreme Court having jurisdiction over such cases. The bill also stipulates that prevailing parties in these actions are entitled to reasonable attorney's fees and expert fees, ensuring that legal costs do not deter individuals from seeking justice.

Impact

If enacted, this bill would significantly enhance the ability of individuals to seek redress for civil rights violations in New York. It would hold not only private individuals but also state and local government entities liable for constitutional violations, effectively waiving the state's sovereign immunity in these cases. This change could lead to an increase in civil rights litigation and may prompt governmental entities to review and adjust their policies and practices to avoid potential liabilities.

Sentiment

The sentiment surrounding Bill A01081 appears to be generally supportive among advocates for civil rights, who view it as a necessary step to strengthen protections against violations. However, there may be concerns from some governmental entities regarding the implications of increased liability and potential litigation costs, which could lead to a more cautious approach in the implementation of state laws and regulations.

Contention

Notable points of contention include the potential for increased litigation against public officials and entities, which some argue could lead to a chilling effect on the enforcement of laws. Critics may express concerns about the implications of waiving sovereign immunity and the burden of legal costs on state resources. Supporters, on the other hand, argue that the bill is essential for ensuring accountability and protecting civil rights.

Companion Bills

No companion bills found.

Previously Filed As

NY HB678

Local government; authorities with less than state-wide jurisdiction shall have the same sovereign immunities as provided to counties; provide

NY SB747

An act to add Section 53.8 to the Civil Code, relating to civil rights. rights, and declaring the urgency thereof, to take effect immediately.

NY S08504

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY S09762

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY A09092

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY A02632

Relates to civil actions for deprivation of constitutional rights; provides that a peace officer employed by a local government, who under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article one of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief; provides that statutory immunities and statutory limitations on liability, damages or attorney fees shall not apply; governmental immunity shall not be a defense to liability; and qualified immunity shall not be a defense to liability.

NY S03998

Relates to civil actions for deprivation of constitutional rights; provides that a peace officer employed by a local government, who under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article one of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief; provides that statutory immunities and statutory limitations on liability, damages or attorney fees shall not apply; governmental immunity shall not be a defense to liability; and qualified immunity shall not be a defense to liability.

NY A07722

Relates to civil actions for deprivation of constitutional rights; provides that a peace officer employed by a local government, who under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article one of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief; provides that statutory immunities and statutory limitations on liability, damages or attorney fees shall not apply; governmental immunity shall not be a defense to liability; and qualified immunity shall not be a defense to liability.

NY S09699

Provides that certain communications made without malice regarding an incident of sexual assault, harassment or discrimination shall be deemed privileged; provides that a prevailing defendant in an action brought against such defendant for making a communication that is privileged shall be entitled to attorney's fees and costs for such defense.

NY S07480

Provides that in any jurisdiction in which a party is eligible under local law for free legal counsel, if such party has in good faith attempted to secure such counsel and is unable to obtain counsel through no fault of their own, the court shall adjourn the trial of the issue for consecutive periods of not less than fourteen days each until the party is able to secure counsel.

Similar Bills

No similar bills found.