Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.
Impact
This bill will enable the New York Attorney General to bring civil actions for damages on behalf of individuals whose rights have been infringed, allowing for awards that include compensatory and punitive damages, as well as reasonable attorney’s fees. Importantly, it seeks to empower residents by reinforcing their rights to seek remedy without having to rely solely on federal frameworks that may limit their options. Thus, it enhances state protections consistent with federal constitutional principles.
Summary
A09076, also known as The New York Civil Rights Act, seeks to establish a right of action for individuals whose constitutional rights have been violated by government officials acting under color of law. The bill aims to bridge the remedial gap left by recent Supreme Court decisions that have curtailed legal recourse for victims of constitutional violations. It recognizes that meaningful remedies must be provided through state laws to protect New Yorkers and ensure enforceability of their constitutional rights against all relevant officials.
Conclusion
If enacted, A09076 would represent a significant shift in the legal landscape by clarifying and promoting civil rights protections at the state level. It stands as an essential legislative measure aimed at safeguarding the constitutional rights of individuals and ensuring that accountability mechanisms are firmly in place for governmental actions.
Contention
Notable points of contention surrounding A09076 arise from concerns about its implications for government accountability and potential overreach. Supporters argue that it is necessary to ensure that state and local officials are held accountable for unconstitutional actions. However, detractors may argue that such legislation could lead to increased litigation against government officials, possibly hindering their ability to perform their duties effectively due to fear of legal repercussions. Some may also raise concerns regarding the potential burden on state resources to manage these additional legal claims.
Same As
Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.
Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief.
Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.
Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorney's fees.
Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorney's fees.
Relates to the amount of damages recoverable in a cause of action for unlawful interference with protected rights which is up to three times the amount of compensatory damages.
Relates to the amount of damages recoverable in a cause of action for unlawful interference with protected rights which is up to three times the amount of compensatory damages.
Establishes a private right of action for tenants alleging a failure to keep and maintain self-closing doors; allows for a court to award compensatory damages, reasonable attorney's fees and court costs and issue an order to the owner of the building to remedy any issue with such doors.
Establishes a private right of action for tenants alleging a failure to keep and maintain self-closing doors; allows for a court to award compensatory damages, reasonable attorney's fees and court costs and issue an order to the owner of the building to remedy any issue with such doors.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.