Bill > S08500

This bill establishes a new state-level legal mechanism for individuals to seek remedies when their constitutional rights are violated by government officials. Recognizing that recent U.S. Supreme Court decisions have limited federal legal recourse for constitutional rights violations, the bill creates a comprehensive right of action for New York residents. Under this legislation, any person acting "under color of law" who deprives someone of their federal or state constitutional rights can be sued in civil court. The bill allows for multiple types of legal relief, including compensatory damages (covering emotional distress and non-economic harm), punitive damages for malicious or reckless violations, injunctive and declaratory relief, and reasonable attorney's fees. Notably, the New York Attorney General is also empowered to bring civil actions on behalf of injured parties, with any damages awarded being distributed to the affected individual. The legislative intent emphasizes restoring meaningful accountability for constitutional rights violations while respecting federal supremacy and state sovereignty. By providing this explicit cause of action, the bill aims to ensure that New Yorkers have a robust legal pathway to seek justice when their constitutional rights are infringed upon by government actors.

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