BILL NUMBER: S8500
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the civil rights law, in relation to establishing a
right of action for the deprivation of constitutional rights
 
PURPOSE:
To protect the rights guaranteed to all residents in New York by amend-
ing the civil rights law to establish the right to bring an action for
the deprivation of constitutional rights.
 
SUMMARY OF PROVISIONS:
Section 1 sets forth the legislative intent of the New York Civil Rights
Act. Amends the civil rights law by adding a new article 8-A titled "The
New York Civil Rights Act." Provides for a right of action based on a
person acting under the color of law who deprives an individual's rights
secured by the Constitution of the United States. Provides for a civil
action by the Attorney General on behalf of the injured party. Provides
for remedies for the deprivation are to include compensatory damages,
punitive damages, injunctive and declaratory relief, and attorney's
fees.
Section 2 sets forth the effective date.
 
JUSTIFICATION:
The people of the State of New York must be guaranteed meaningful reme-
dies, including but not limited to those provided through the courts,
when their constitutional rights are violated. Recent United States
Supreme Court decisions have curtailed the availability of such remedies
under Bivens v. Six Unknown Named Agents, repeatedly declining to extend
damages actions to new contexts and leaving many victims of constitu-
tional violations without recourse. Concurrently, the Federal Tort
Claims Act (FTCA), as amended by the Westfall Act, provides the exclu-
sive avenue for many common-law damages actions against federal officers
acting within the scope of their employment. These developments have
created a significant remedial void for New Yorkers injured by unconsti-
tutional conduct.
Therefore, the legislature finds it necessary to enact a state cause of
action authorizing claims for damages against any federal, state, or
local official, who, acting under color of federal, state, or local law,
deprives a person of rights secured by the United States Constitution.
The Westfall Act explicitly carves out from the FICA's exclusive purview
"a civil action against an employee of the Government which is brought
for a violation of the Constitution of the United States." 28 U.S.C. §
2679(b)(2)(a). The plain text of this provision contains no limitation
on the scope of constitutional violations carved out from the FTCA's
exclusive purview, recognizing the well-established principle that
government agents act outside of the scope of their offices when they
violate the constitution. The legislature intends for this statute to
fall squarely within that provision.
This enactment does not, nor is intended to, usurp federal authority.
Nor does it discriminate against federal officials. This statute under-
scores the supremacy of the federal Constitution by ensuring that its
guarantees remain enforceable for all New Yorkers against all persons
acting under color of law. From the Founding era through the nineteenth
century, state courts regularly entertained suits against federal offi-
cers who exceeded lawful authority. Nothing in the Constitution, federal
statutes, or United States Supreme Court precedent forecloses such
actions today. The legislature thus finds that New York State may prop-
erly act to safeguard its residents' constitutional rights.
The intent of this statute is to restore a meaningful avenue of account-
ability consistent with federal supremacy, state sovereignty, and the
longstanding principle that rights must be paired with remedies.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.