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The legislation would create a cause of action in state courts to sue any police officer 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.” The proposed law specifies that qualified immunity is not a defense in cases brought under this statute.

ALBANY, N.Y. (March 9, 2021) – A bill introduced in the New York Assembly would create a process to sue police officers in state court for the deprivation of individual rights secured by the bill of rights, or the state constitution, without the possibility of either government immunity or “qualified immunity” as a defense for law enforcement. Asm. Latrice Walker (D) introduced Assembly Bill 5982 (A5982) on March 4. The legislation would create a cause of action in state courts to sue any police officer who “under color of law, subjects or causes to be subjected, including failing to ...