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NY A10978
Bill
Status
9/9/2020
Primary Sponsor
Pamela Hunter
Click for details
AI Summary
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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.
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Establishes that public entities are liable for rights violations committed by their employees, and expands liability to include private entities engaging in state action.
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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.
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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.
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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