Bill > S00176

This bill provides a comprehensive civil rights mechanism allowing individuals and the Attorney General to pursue legal action against public entities or persons who deprive someone of their constitutional or legal rights. The bill establishes that any person or public entity acting "under color of law" who subjects another individual to the deprivation of rights can be held liable for legal or equitable relief. Notably, the bill removes traditional legal defenses, meaning defendants cannot claim good faith or lack of clarity in the law as a shield against liability. The bill mandates that courts must award reasonable attorney fees to prevailing plaintiffs, broadly defining "prevailing" to include cases where litigation catalyzes meaningful change. Additionally, public entities are required to indemnify employees for liability incurred under this law, and the action must be commenced within three years of the cause of action. The bill broadly defines "public entity" to include state and local government bodies, as well as private entities engaging in state action. Importantly, this legislation removes certain existing immunities, such as those in the correction law, and allows such actions to be filed in any court of competent jurisdiction, thereby expanding potential avenues for seeking justice in civil rights violation cases.

Government Affairs, Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S176