Bill > S03998

This bill modifies New York civil rights law to expand legal accountability for peace officers employed by local governments who violate constitutional rights. Specifically, the bill allows individuals to bring civil actions against peace officers who, while acting "under color of law" (meaning in an official capacity), deprive someone of rights guaranteed by the state constitution's bill of rights, including through active misconduct or failure to intervene when another officer is violating rights. The bill eliminates several traditional legal protections for officers, including statutory immunities, governmental immunity, and qualified immunity, which have historically made it difficult for individuals to successfully sue law enforcement. Additionally, the bill mandates that courts award reasonable attorney fees to prevailing plaintiffs, with a broad definition of "prevailing" that includes cases where the lawsuit was a substantial factor in achieving desired legal outcomes. For cases where a court finds a lawsuit to be frivolous, the bill allows defendants to potentially recover their legal costs. The law would take effect immediately and apply to any cause of action arising on or after its effective date, representing a significant expansion of legal recourse for individuals who believe their constitutional rights have been violated by local law enforcement.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S3998