Bill > S01950

This bill eliminates qualified immunity for elected public officials in New York, allowing individuals to sue them for legal or equitable relief if their actions deprive someone of their constitutional or legal rights. Qualified immunity, a legal doctrine that typically protects government officials from civil lawsuits unless they violate clearly established law, would no longer be a valid defense. The bill specifically states that an official cannot claim good faith or a reasonable belief that their conduct was lawful as a defense. Moreover, the attorney general is now authorized to bring civil actions on behalf of injured parties, and these actions can be pursued simultaneously with individual lawsuits. The bill also removes any statutory immunities or limitations on liability, damages, or attorney fees for such claims, meaning that elected officials can be held personally accountable for rights violations. If the attorney general wins such a case, any damages awarded would be distributed to the injured party. This legislation represents a significant change in how elected officials can be held accountable for potential misconduct or rights violations, making it easier for individuals to seek legal recourse.