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NY A10978

Bill

Status

Introduced

9/9/2020

Primary Sponsor

Pamela Hunter

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Creates a civil action allowing individuals to sue any person or public entity acting under color of law for deprivation of constitutional or statutory rights, with liable parties required to provide legal, equitable, or other appropriate relief.

  • Establishes that public entities are liable for rights violations committed by their employees, and expands liability to include private entities engaging in state action.

  • Requires courts to award reasonable attorney fees and costs to prevailing plaintiffs (including those whose litigation catalyzes policy changes), and permits fee awards to defendants only for frivolous claims.

  • Eliminates statutory immunities and defenses including qualified immunity, good faith belief, and unclear law standards; allows Attorney General to bring parallel civil actions without foreclosing private suits.

  • Sets a three-year statute of limitations for civil actions and mandates public entities indemnify employees except when the employee was convicted of a criminal violation for the underlying conduct.

Legislative Description

Provides a civil action for deprivation of rights which is caused by any person or public entity.

Last Action

referred to governmental operations

9/9/2020

Committee Referrals

Governmental Operations9/9/2020

Full Bill Text

No bill text available