New York 2025-2026 Regular Session

New York Senate Bill S03998

Introduced
1/31/25  
Refer
1/31/25  

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 S03998 amends the civil rights law in New York to establish a civil action for deprivation of constitutional rights against peace officers employed by local governments. It specifies that if a peace officer, while acting under the color of law, subjects an individual to the deprivation of rights secured by the state constitution, they can be held liable for legal or equitable relief. The bill removes statutory immunities and limitations on liability for such claims, ensuring that governmental and qualified immunity cannot be used as defenses in these cases.

Impact

This bill significantly alters the legal landscape regarding accountability for peace officers in New York. By allowing individuals to sue peace officers without the typical immunities that protect government entities and employees, it opens the door for more civil actions against law enforcement. This could lead to increased scrutiny of police conduct and potentially higher costs for local governments in terms of legal fees and settlements.

Sentiment

The sentiment around Bill S03998 appears to be mixed. Supporters argue that it is a necessary step towards holding law enforcement accountable for constitutional violations, while opponents express concerns about the potential for frivolous lawsuits and the impact on police morale and operations. The lack of voting history suggests that the bill is still in the early stages of discussion and has not yet faced a formal vote.

Contention

Notable points of contention include the removal of qualified immunity, which many law enforcement advocates argue is essential for protecting officers from unjust lawsuits. Critics of the bill, primarily from law enforcement circles, fear that this could lead to a chilling effect on police work, while civil rights advocates support the bill as a means to enhance accountability and protect citizens' rights.

Companion Bills

NY A07722

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 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 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 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.