New York Senate Bill S09762

New York 2025-2026 Regular Session

• Introduced: 4/6/26
• Refer: 4/6/26

Caption

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.

Summary

S09762 would add a new section to the New York Civil Rights Law creating an explicit state-law cause of action for constitutional rights violations. Under the bill, any person acting under color of a statute, ordinance, regulation, custom, or usage who deprives another person of rights, privileges, or immunities secured by the U.S. Constitution or the New York State Constitution could be sued by the injured party. The measure is framed broadly and would allow recovery through an action at law, suit in equity, or other proper proceeding for redress. In practical terms, it would give individuals a direct civil remedy under New York law for alleged constitutional deprivations by persons acting with governmental authority or under governmental authority-like conditions.

Impact

The bill would amend the Civil Rights Law by adding section 79-r, creating a new statutory basis for civil liability in New York for constitutional violations. It would potentially expand litigation options for people alleging deprivation of federal or state constitutional rights and could affect public officials, government actors, and others acting under color of law. The bill would take effect 90 days after becoming law.

Sentiment

No committee transcript or vote record is available, so there is no documented debate or recorded legislative sentiment in the provided materials. Based on the text alone, the bill appears rights-expanding and remedial in nature, aimed at strengthening civil enforcement of constitutional protections.

Contention

The main point of potential contention is the breadth of liability: the bill reaches conduct under color of any statute, ordinance, regulation, custom, or usage, which could raise concerns about expanded exposure to lawsuits for government actors and others operating under public authority. Supporters would likely view it as an important civil-rights enforcement tool, while critics may worry about duplicative remedies, increased litigation, and uncertainty over how broadly the new cause of action would be applied.