Bill > S08500

This bill, known as the "New York Civil Rights Act," establishes a new legal avenue for individuals in New York whose constitutional rights have been violated by federal, state, or local officials acting under the authority of any law. It aims to address a perceived gap in legal recourse following certain federal court decisions and the Federal Tort Claims Act (FTCA), which can limit options for seeking damages against government employees. The bill defines "color of law" broadly to include actions taken under any federal, state, or local law, statute, ordinance, regulation, custom, or usage. It allows individuals to sue for deprivation of rights secured by the U.S. Constitution and provides for various remedies, including compensatory damages (covering emotional distress, pain and suffering, and other non-economic losses), punitive damages for malicious or willful violations, injunctive and declaratory relief (court orders to stop or prevent certain actions or to declare rights), and reasonable attorneys' fees and costs for those who win their case, including expert fees. An exception is made for judicial officers, where injunctive relief is limited unless a prior declaratory decree was violated or unavailable.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S8500