New York 2025-2026 Regular Session

New York Assembly Bill A09092

Introduced
9/12/25  
Refer
9/12/25  

Caption

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

Impact

The introduction of A09092 is significant as it seeks to strengthen civil rights protections in New York. By making individuals legally accountable for actions that infringe upon constitutional rights, the bill may deter potential violations and encourage individuals and entities to adhere more closely to established laws. This provision could lead to a systematic change in how violations are approached legally, making it easier for victims to seek justice and potentially leading to increased awareness around civil rights issues within communities. However, the bill also raises questions about the implications for public officials and law enforcement, who may face liability under this new standard, possibly affecting their operational protocols.

Summary

Bill A09092 aims to amend the civil rights law in New York state by introducing a new section that establishes civil liability for individuals who deprive others of their constitutional rights as secured by both the federal and state constitutions. The bill specifies that any person acting under any statute, ordinance, regulation, custom, or usage of the United States who causes a citizen or person within New York's jurisdiction to be deprived of their rights, privileges, or immunities shall be liable for redress in a legal proceeding. This legislative change highlights a commitment to uphold and enforce civil rights within the state, which may enhance the legal tools available to individuals seeking justice for violations of their rights.

Contention

While the bill seeks to enhance civil liberties, it may also spark controversy regarding the accountability of governmental and law enforcement agencies. Critics may argue that imposing civil liability on individuals acting in official capacity could lead to hesitancy in enforcing laws and policies, as agents might fear legal repercussions for actions taken in the line of duty. Supporters, on the other hand, assert that accountability is crucial to preventing abuses of power and ensuring that the rights of individuals are protected. The discourse around A09092 will likely revolve around balancing the need for effective law enforcement with the necessity of safeguarding civil rights, underscoring core issues of trust and transparency in public service.

Companion Bills

NY S08504

Same As Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY S09762

Same As Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

Previously Filed As

NY S08504

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY S09762

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY S03998

Relates to civil actions for deprivation of constitutional rights; provides that a peace officer employed by a local government, who under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article one of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief; provides that statutory immunities and statutory limitations on liability, damages or attorney fees shall not apply; governmental immunity shall not be a defense to liability; and qualified immunity shall not be a defense to liability.

NY A07722

Relates to civil actions for deprivation of constitutional rights; provides that a peace officer employed by a local government, who under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article one of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief; provides that statutory immunities and statutory limitations on liability, damages or attorney fees shall not apply; governmental immunity shall not be a defense to liability; and qualified immunity shall not be a defense to liability.

NY S09071

Establishes the crime of interference with constitutional rights by public officials when, acting under color of law, such public official by force or threat of force, or by intimidation or coercion, recklessly engages in conduct which injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with another person in the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the United States; or the constitution or laws of the state of New York; provides such offense is a class A misdemeanor which elevates if bodily injury occurs.

NY A10070

Establishes the crime of interference with constitutional rights by public officials when, acting under color of law, such public official by force or threat of force, or by intimidation or coercion, recklessly engages in conduct which injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with another person in the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the United States; or the constitution or laws of the state of New York; provides such offense is a class A misdemeanor which elevates if bodily injury occurs.

NY SB747

Civil rights: deprivation of federal constitutional rights, privileges, and immunities.

NY SB486

Creating a civil cause of action for violations of the constitution or laws of the United States by any person acting under the color of law.

NY A01081

Establishes civil liability for anyone subjecting another person to the deprivation of any rights, privileges or immunities secured by law; establishes that the supreme court shall have jurisdiction over such matters and that the prevailing party shall be awarded reasonable attorney's fees as part of the costs; provides that the state waives sovereign immunity for violations of such law.

NY S08662

Limits the authority of cities, villages and towns to impose certain zoning regulations, ordinances, or local laws which would have the effect of reducing the number or density of allowable housing units in the area subject to the regulations, ordinances, or local laws.

Similar Bills

No similar bills found.