New York Assembly Bill A02632 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2632 2023-2024 Regular Sessions  IN ASSEMBLY January 26, 2023 ___________ Introduced by M. of A. WALKER, ANDERSON -- read once and referred to the Committee on Judiciary AN ACT to amend the civil rights law, in relation to civil actions for deprivation of constitutional 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 constitutional rights. 1. 4 Notwithstanding any other law to the contrary, a peace officer, as 5 defined in section 2.10 of the criminal procedure law, employed by a 6 local government, who under color of law, subjects or causes to be 7 subjected, including failing to intervene, any other person to the 8 deprivation of any individual rights that create binding obligations on 9 government actors secured by the bill of rights, article one of the 10 state constitution, is liable to the injured party for legal or equita- 11 ble relief or any other appropriate relief. 12 2. Notwithstanding any other law to the contrary, (a) statutory immu- 13 nities and statutory limitations on liability, damages or attorney fees 14 shall not apply to claims brought pursuant to this section; (b) govern- 15 mental immunity shall not be a defense to liability pursuant to this 16 section; and (c) qualified immunity shall not be a defense to liability 17 pursuant to this section. 18 3. Notwithstanding any other law to the contrary, in any action 19 brought pursuant to this section, a court shall award reasonable attor- 20 ney fees and costs to a prevailing plaintiff. In actions for injunctive 21 relief, a court shall deem a plaintiff to have prevailed if the 22 plaintiff's suit was a substantial factor or significant catalyst in 23 obtaining the results sought by the litigation. When a judgment is 24 entered in favor of a defendant, the court may award reasonable costs EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05991-01-3 
 A. 2632 2 1 and attorney fees to the defendant for defending any claims the court 2 finds frivolous. 3 § 2. This act shall take effect immediately and shall apply to any 4 cause of action that accrues on or after such effective date.