New York 2025-2026 Regular Session

New York Assembly Bill A07722

Introduced
4/8/25  
Refer
4/8/25  

Caption

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.

Summary

Bill A07722 seeks to amend the civil rights law in New York by introducing a new section that allows individuals to bring civil actions against peace officers employed by local governments for the deprivation of constitutional rights. This includes actions taken under color of law, as well as instances where officers fail to intervene to prevent such deprivations. The bill specifies that statutory immunities and limitations on liability do not apply, meaning that peace officers can be held accountable in civil court for their actions or inactions that violate individual rights secured by the state constitution.

Impact

The passage of this bill would significantly alter the legal landscape regarding accountability for peace officers in New York. By removing statutory immunities and defenses such as governmental and qualified immunity, the bill opens the door for individuals to seek legal recourse against officers for constitutional violations. This could lead to an increase in civil lawsuits against law enforcement, potentially impacting local government budgets and law enforcement practices.

Sentiment

The sentiment surrounding Bill A07722 appears to be mixed, with proponents arguing that it is a necessary step towards accountability and justice for victims of police misconduct. Critics, however, express concerns that the bill could lead to an overwhelming number of lawsuits against officers, potentially hindering their ability to perform their duties effectively and creating a chilling effect on law enforcement.

Contention

Notable points of contention include the removal of qualified immunity, which many law enforcement advocates argue is essential for protecting officers from frivolous lawsuits and allowing them to make split-second decisions in high-pressure situations. Proponents of the bill, including civil rights advocates, argue that the current protections for officers contribute to a lack of accountability and perpetuate systemic issues within law enforcement.

Companion Bills

NY S03998

Same As 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.

Previously Filed As

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 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 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 SB1056

Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; prohibiting the assertion of qualified immunity as a defense to liability. Effective date.

NY SB1056

Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; prohibiting the assertion of qualified immunity as a defense to liability. Effective date.

NY S03428

Prohibits qualified immunity for public officials; authorizes attorney general enforcement; provides that statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to such claims.

NY S01950

Prohibits qualified immunity for public officials; authorizes attorney general enforcement; provides that statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to such claims.

NY A01081

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.

Similar Bills

No similar bills found.