Bill Text: NY A00292 | 2019-2020 | General Assembly | Amended

---

Bill Title: Relates to the imposition of penalties and remedies in suits brought for the vindication of civil rights or human rights; reasonable attorney's fee, reasonable expert fees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-07-20 - REFERRED TO RULES [A00292 Detail]

Download: New_York-2019-A00292-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         292--B
                                                                 Cal. No. 12

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced by M. of A. STECK, SEAWRIGHT -- read once and referred to the
          Committee  on  Judiciary  -- reported and referred to the Committee on
          Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- ordered to a third read-
          ing, amended and ordered reprinted, retaining its place on  the  order
          of third reading

        AN  ACT  to amend the civil rights law, in relation to the imposition of
          penalties and remedies in suits brought for the vindication  of  civil
          rights or human rights

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 10 and sections 100 and 101  of  the  civil  rights
     2  law,  as  renumbered  by chapter 263 of the laws of 2019, are renumbered
     3  article 11 and sections 110 and 111 and a new article  10  is  added  to
     4  read as follows:

     5                                 ARTICLE 10
     6                           PENALTIES AND REMEDIES

     7  Section 100. Penalties and remedies.
     8    § 100. Penalties and remedies. 1. Every person who, under color of any
     9  statute,  ordinance,  regulation,  custom,  or  usage,  of  this  state,
    10  subjects, or causes to be subjected, any citizen of this state or  other
    11  person within the jurisdiction thereof to the deprivation of any rights,
    12  privileges,  or  immunities secured by the constitution and laws of this
    13  state, shall be liable to the party injured in an action at law, suit in
    14  equity, or other proper proceeding  for  redress,  except  that  in  any
    15  action  brought  against a judicial officer for an act or omission taken
    16  in such officer's judicial capacity,  injunctive  relief  shall  not  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03610-04-0
        A. 292--B                           2

     1  granted  unless  a declaratory decree was violated or declaratory relief
     2  was unavailable.
     3    2.  The supreme court of the state of New York shall have jurisdiction
     4  over all suits brought for the vindication of civil rights  as  provided
     5  in  subdivision  one of this section. To the extent that the laws of the
     6  state of New York furnish a remedy for the  vindication  of  such  civil
     7  rights, such laws shall be applied; but in all cases where such laws are
     8  deficient  in the provisions necessary to furnish suitable remedies, the
     9  common law shall be extended to and govern the said courts in the  trial
    10  and disposition of the matter.
    11    3.  (a) In any action or proceeding to enforce this section or the New
    12  York human rights law, the court must award the prevailing party,  other
    13  than  the  state of New York, a reasonable attorney's fee as part of the
    14  costs, except that in any action brought against a judicial officer  for
    15  an  act or omission taken in such officer's judicial capacity such offi-
    16  cer shall not be held liable for any costs, including  attorney's  fees,
    17  unless such action was clearly in excess of such officer's jurisdiction.
    18    (b) In awarding an attorney's fee under paragraph (a) of this subdivi-
    19  sion in any action or proceeding to enforce a provision of this article,
    20  the court shall include reasonable expert fees as part of the attorney's
    21  fee.
    22    4.  This  article  shall  supplement and not displace any jurisdiction
    23  currently existing in the courts  or  administrative  agencies  of  this
    24  state  to  the  extent  that  other laws of this state already provide a
    25  remedy for the type of injury referred to in this section.
    26    5. In interpreting this section, the courts may consider the fundamen-
    27  tal principles already enunciated by the federal courts in  interpreting
    28  42  U.S.C. §§ 1983 and 1988, which are the parallel federal civil rights
    29  laws.
    30    § 2. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law.