New York 2025-2026 Regular Session

New York Senate Bill S01950

Introduced
1/14/25  
Refer
1/14/25  

Caption

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.

Summary

Bill S01950 aims to amend the public officers law in New York to eliminate qualified immunity for elected public officials. This means that if an elected official acts under the color of law and deprives an individual of their rights, privileges, or immunities secured by the Constitution or state laws, they can be held liable for legal or equitable relief. The bill also allows the attorney general to bring civil actions against such officials on behalf of the injured party, ensuring that victims have a pathway to seek justice without the defense of qualified immunity being available to the officials.

Impact

The bill significantly impacts state laws by removing the defense of qualified immunity for elected officials, thereby holding them accountable for their actions that violate constitutional rights. This change could lead to an increase in civil lawsuits against elected officials, potentially altering the landscape of public service accountability in New York. Additionally, it empowers the attorney general to act on behalf of citizens, which could enhance the enforcement of civil rights protections.

Sentiment

The general sentiment around Bill S01950 appears to be supportive among advocates for civil rights and accountability, who argue that it is necessary to hold public officials accountable for misconduct. However, there may be concerns from some elected officials and their supporters regarding the implications of increased litigation and the potential chilling effect on public service, as they argue that it could deter officials from making necessary decisions in the public interest.

Contention

Notable points of contention include the balance between holding public officials accountable and the fear that removing qualified immunity could lead to frivolous lawsuits that may hinder effective governance. Proponents of the bill, primarily civil rights advocates, argue that accountability is crucial, while opponents, including some elected officials, express concerns about the potential for misuse of the legal system against public servants.

Companion Bills

No companion bills found.

Previously Filed As

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 AB2199

An act to add Section 4466 to, and to repeal and add Section 4401 of, the Probate Code, relating to powers of attorney.

NY SB462

Prohibiting persons who engaged in wrongful conduct from recovering damages in certain civil actions, prohibiting certain public nuisance claims, providing that only the attorney general may file claims regarding public nuisances that are not wholly contained in one political subdivision unless the attorney general delegates authorization to file such claims and requiring special injury for certain public nuisance actions.

NY SB419

Attorney General; authorizing State Treasurer to employ or appoint attorneys. Effective date.

NY SB419

Attorney General; authorizing certain entities to employ or appoint attorneys. Effective date.

NY HB2051

Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.

NY SB38

Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.

NY SB3

Prosecuting Attorneys; convictions for district attorneys, assistant district attorneys, deputy district attorneys; provide additional qualifications

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.

Similar Bills

No similar bills found.