Bill Text: NY S06078 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 1-0)

Status: (Introduced - Dead) 2020-02-04 - PRINT NUMBER 6078A [S06078 Detail]

Download: New_York-2019-S06078-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6078

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        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 9 and sections 90 and 91 of the civil  rights  law,
     2  as renumbered by chapter 310 of the laws of 1962, are renumbered article
     3  10  and  sections  100  and  101 and a new article 9 is added to read as
     4  follows:

     5                                  ARTICLE 9
     6                           PENALTIES AND REMEDIES

     7  Section 90. Penalties and remedies.
     8    § 90. 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
    17  granted  unless  a declaratory decree was violated or declaratory relief
    18  was unavailable.
    19    2. The supreme court of the state of New York shall have  jurisdiction
    20  over  all  suits brought for the vindication of civil rights as provided
    21  in subdivision one of this section. To the extent that the laws  of  the
    22  state  of  New  York  furnish a remedy for the vindication of such civil

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03610-01-9
        S. 6078                             2

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