New York A 7722: Relates to civil actions for deprivation of constitutional rights

Bill Text

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A07722 Summary:

BILL NOA07722 

&nbsp

SAME ASSAME AS S03998

&nbsp

SPONSORWalker

&nbsp

COSPNSRAnderson, Lee

&nbsp

MLTSPNSR

&nbsp

Add §79-r, Civ Rts L

&nbsp

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.

Go to top A07722 Actions:

BILL NOA07722 

&nbsp

04/08/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA07722 Committee&nbspVotes:

Go to topA07722 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07722 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7722

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 8, 2025
 ___________

 Introduced by M. of A. WALKER, ANDERSON -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the civil rights law, in relation to civil actions for
 deprivation of constitutional rights

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The civil rights law is amended by adding a new section
 2 79-r to read as follows:
 3 § 79-r. Civil action for deprivation of constitutional rights. 1.
 4 Notwithstanding any other law to the contrary, a peace officer, as
 5 defined in section 2.10 of the criminal procedure law, employed by a
 6 local government, who under color of law, subjects or causes to be
 7 subjected, including failing to intervene, any other person to the
 8 deprivation of any individual rights that create binding obligations on
 9 government actors secured by the bill of rights, article one of the
 10 state constitution, is liable to the injured party for legal or equita-
 11 ble relief or any other appropriate relief.
 12 2. Notwithstanding any other law to the contrary, (a) statutory immu-
 13 nities and statutory limitations on liability, damages or attorney fees
 14 shall not apply to claims brought pursuant to this section; (b) govern-
 15 mental immunity shall not be a defense to liability pursuant to this
 16 section; and (c) qualified immunity shall not be a defense to liability
 17 pursuant to this section.
 18 3. Notwithstanding any other law to the contrary, in any action
 19 brought pursuant to this section, a court shall award reasonable attor-
 20 ney fees and costs to a prevailing plaintiff. In actions for injunctive
 21 relief, a court shall deem a plaintiff to have prevailed if the
 22 plaintiff's suit was a substantial factor or significant catalyst in
 23 obtaining the results sought by the litigation. When a judgment is
 24 entered in favor of a defendant, the court may award reasonable costs

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06949-01-5

 A. 7722 2

 1 and attorney fees to the defendant for defending any claims the court
 2 finds frivolous.
 3 § 2. This act shall take effect immediately and shall apply to any
 4 cause of action that accrues on or after such effective date.

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