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NY S03998
Bill
Status
1/31/2025
Primary Sponsor
Kevin Parker
Click for details
AI Summary
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Creates a civil cause of action against peace officers employed by local governments who deprive individuals of constitutional rights under the New York State Bill of Rights, including liability for failing to intervene
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Eliminates qualified immunity, governmental immunity, and all statutory immunities as defenses for officers in these civil rights lawsuits
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Removes statutory limitations on liability, damages, or attorney fees that would otherwise apply to claims against officers
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Requires courts to award reasonable attorney fees and costs to prevailing plaintiffs, including when a lawsuit served as a "substantial factor or significant catalyst" in obtaining injunctive relief
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Allows courts to award costs and attorney fees to defendants only when claims are found to be frivolous
Legislative Description
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.
Last Action
REFERRED TO CODES
1/7/2026