Bill > A01003

This bill establishes a comprehensive framework for civil rights protections in New York State by creating a new article in the civil rights law that provides enhanced legal remedies for individuals whose constitutional rights have been violated. The bill allows any person or government entity who has been subjected to rights deprivation under color of law to bring a legal action for redress in the Supreme Court, with the right to a jury trial. Importantly, the bill mandates that courts award reasonable attorney's fees and expert fees to the prevailing party (except the state) in such actions. The legislation explicitly abolishes qualified immunity as a defense and establishes that the state and its subdivisions can be held liable for constitutional violations through the doctrine of respondeat superior, meaning employers can be responsible for actions committed by their employees within the scope of their employment. The bill also specifies that these provisions will be the exclusive remedy for the type of civil rights injuries described and allows courts to reference federal civil rights laws (specifically 42 U.S.C. §§ 1983 and 1988) when interpreting the statute. Additionally, the bill repeals Section 24 of the correction law and will take effect 90 days after becoming law, representing a significant expansion of civil rights protections and legal recourse in New York State.

Justice

https://www.nysenate.gov/legislation/bills/2025/A1003