Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.
Summary
This bill would create a new article in New York’s Civil Rights Law called the “New York Civil Rights Act.” It establishes a state-law cause of action for people whose rights secured by the U.S. Constitution are violated by any person acting under color of federal, state, or local law. The bill is framed as a response to what it describes as gaps in federal remedies, especially after Supreme Court decisions limiting Bivens-type damages claims and the interaction of the Federal Tort Claims Act and Westfall Act.
Under the bill, an injured person could sue for constitutional deprivations in an action at law, suit in equity, or other proper proceeding. Available remedies include compensatory damages, including emotional distress and other non-economic damages, punitive damages for malicious or reckless conduct, injunctive and declaratory relief, and reasonable attorneys’ fees and expert fees for prevailing plaintiffs. The bill also preserves certain defenses, including absolute and qualified immunity to the extent available under 42 U.S.C. 1983, and states that it does not waive or abrogate sovereign immunity otherwise available to a party.
Impact
The bill would amend the Civil Rights Law by adding a new Article 8-A and would create a new state statutory vehicle for constitutional-rights claims against federal, state, and local officials acting under color of law. It would expand potential civil liability and remedies in New York beyond existing state-law and federal avenues, while expressly incorporating immunity defenses and limiting injunctive relief against judicial officers in specified circumstances. The measure would likely affect government officials, law enforcement, and other public actors, as well as plaintiffs seeking redress for alleged constitutional violations.
Sentiment
The bill text reflects a strongly supportive posture toward expanding remedies for constitutional violations, emphasizing accountability and the need for a meaningful avenue of relief for New Yorkers. No committee transcript or vote record is provided, so there is no recorded legislative debate or roll-call sentiment to assess beyond the bill’s own findings and purpose statement. Based on the language, the sponsor’s intent is clearly remedial and rights-expanding.
Contention
The main points of contention are likely to be whether New York can and should create a state cause of action reaching federal officials, whether the bill would conflict with federal remedial schemes, and how far sovereign and official immunities should extend. The bill anticipates these objections by asserting that it does not usurp federal authority, does not discriminate against federal officials, and preserves sovereign immunity and qualified/absolute immunity defenses. Potential opponents would likely focus on increased litigation exposure for public officials and the possibility of broader damages and fee awards, while supporters would emphasize accountability and the lack of adequate remedies for constitutional harms.
Same As
Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.
Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.
Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorney's fees.
Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief.
Establishes a private right of action for deed theft; provides that victims of deed theft may maintain an action against a deed thief or a bank that provides a loan that assists in the commission of deed theft; authorizes victims of deed theft to recover actual damages, treble damages and attorneys' fees; defines terms.
Establishes a private right of action for deed theft; provides that victims of deed theft may maintain an action against a deed thief or a bank that provides a loan that assists in the commission of deed theft; authorizes victims of deed theft to recover actual damages, treble damages and attorneys' fees; defines terms.
Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)
(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)
(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.