STATE OF NEW YORK
________________________________________________________________________
710--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. HUNTER, REYES, SIMON, EPSTEIN, CLARK, MITAYNES,
GONZALEZ-ROJAS, ZINERMAN, MAMDANI, BURGOS, RAMOS, FORREST, KELLES,
SEAWRIGHT, JACKSON, BICHOTTE HERMELYN, JEAN-PIERRE, DAVILA, DINOWITZ,
ANDERSON, L. ROSENTHAL, MEEKS, GALLAGHER, KIM, WALKER, CRUZ, HEVESI,
STECK, CARROLL, GLICK, GIBBS, TAYLOR, RIVERA, TAPIA, CUNNINGHAM, COOK,
LUCAS, SHRESTHA, HYNDMAN, ARDILA, RAGA, SIMONE, DE LOS SANTOS, AUBRY,
BORES -- Multi-Sponsored by -- M. of A. PRETLOW -- read once and
referred to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the civil rights law, in relation to providing a civil
action for deprivation of 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 rights. 1. (a) A person or
4 public entity acting under color of law that subjects or causes to be
5 subjected any other person to the deprivation of any rights, privileges,
6 or immunities secured by the federal or state Constitution or laws, is
7 liable to the injured party for legal or equitable relief or any other
8 appropriate relief. For the purposes of this section, a public entity
9 subjects, or causes to be subjected, any person to the deprivation of
10 any rights, privileges, or immunities secured by the federal or state
11 Constitution or laws, by employing any person who violates this section.
12 (b) Notwithstanding any other law to the contrary, in any action
13 brought pursuant to this section or the New York human rights law, a
14 court shall award reasonable attorney fees and costs to a prevailing
15 plaintiff. For the purposes of this section, the term "prevailing"
16 includes a plaintiff whose commencement of litigation has acted as a
17 catalyst to effect change in the defendant's conduct, regardless of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01354-03-3
A. 710--A 2
1 whether that change has been implemented as a result of a judgment in
2 such plaintiff's favor. When a judgment is entered in favor of a defend-
3 ant, the court may award reasonable costs and attorney fees to the
4 defendant only for defending any claims the court finds frivolous.
5 2. (a) If a person or public entity acting under color of law that
6 subjects or causes to be subjected any other person to the deprivation
7 of any rights, privileges, or immunities secured by the federal or state
8 Constitution or laws, the attorney general may bring a civil action for
9 legal or equitable relief or other proper redress. The civil action
10 shall be brought in the name of the state and may be brought on behalf
11 of the injured party. A civil action brought by the attorney general
12 shall not foreclose an injured party from bringing their own civil
13 action for legal or equitable relief or other proper redress. A civil
14 action brought by an injured party shall not foreclose the attorney
15 general from bringing a civil action for legal or equitable relief or
16 other proper redress.
17 (b) If the attorney general prevails in an action brought pursuant to
18 this section, the court shall order the distribution of any award of
19 damages to the injured party.
20 3. (a) Statutory immunities and statutory limitations on liability,
21 damages or attorney fees do not apply to claims brought pursuant to this
22 section.
23 (b) It shall not be a defense or immunity to any action brought for
24 the deprivation of any rights, privileges, or immunities secured by the
25 federal or state Constitution and laws, that such defendant was acting
26 in good faith, or that the defendant believed, reasonably or otherwise,
27 that their conduct was lawful at the time such conduct was committed.
28 Nor shall it be a defense or immunity that the rights, privileges, or
29 immunities secured by the federal or state Constitution or laws were not
30 clearly established at the time of their deprivation by the defendant,
31 or that the state of the law was otherwise such that the defendant could
32 not reasonably have been expected to know whether their conduct was
33 lawful.
34 4. A civil action pursuant to this section shall be commenced within
35 three years after the cause of action accrues.
36 5. Notwithstanding any other provision of law, a public entity shall
37 indemnify its public employee for any liability incurred by the employee
38 and for any judgment entered against the employee for claims arising
39 under this section.
40 6. For the purpose of this section, "public entity" shall mean the
41 state, any county, city and county, municipality, and every other poli-
42 tical subdivision of the state; and any private entity that engages in
43 state action.
44 7. The immunity granted pursuant to subdivision one of section twen-
45 ty-four of the correction law shall not extend to actions brought pursu-
46 ant to this section.
47 8. Notwithstanding any other provision of law, including but not
48 limited to subdivision two of section twenty-four of the correction law,
49 actions brought pursuant to this section may be commenced in any court
50 of competent jurisdiction, including the supreme court.
51 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
52 sion, section or part of this act shall be adjudged by any court of
53 competent jurisdiction to be invalid, such judgment shall not affect,
54 impair, or invalidate the remainder thereof, but shall be confined in
55 its operation to the clause, sentence, paragraph, subdivision, section
56 or part thereof directly involved in the controversy in which such judg-
A. 710--A 3
1 ment shall have been rendered. It is hereby declared to be the intent of
2 the legislature that this act would have been enacted even if such
3 invalid provisions had not been included herein.
4 § 3. This act shall take effect immediately.
