End qualified immunity in New York

Yes. The legislation states, "Immunity not a defense. It is not a defense to liability pursuant to this chapter that a covered individual has qualified immunity or any other substantially equivalent immunity."

No. The legislation only cites law enforcement.

No. The legislation does not end qualified immunity for all state and US Constitutional violations.The proposed legislation speaks to the rights of excessive force and search and seizure, it states “To amend the administrative code of the city of New York, in relation to creating a right of security against unreasonable search and seizure, and against excessive force regardless of whether such force is used in connection with a search or seizure, that is enforceable by civil action and requiring the law department to post online certain information regarding such civil actions”

No. The proposed legislation does not address caps. The proposed legislation states, “§ 8-805 Relief. a. In any civil action involving a claim made pursuant to section 8-803 against a covered individual or an employer thereof, a court shall, in addition to awarding any other relief, including injunctive or other equitable relief, as such court determines to be appropriate: 1. Award to a prevailing plaintiff on such claim (i) compensatory damages and, in such court’s discretion, punitive damages or (ii) at the election of such plaintiff, damages of $1,000;"

Partially. The legislation states, Ҥ 8-803 Civil action for deprivation of rights. a. A covered individual who, under color of any law, ordinance, rule, regulation, custom or usage, subjects or causes to be subjected, including through failure to intervene, any other natural person to the deprivation of any right that is created, granted or protected by section 8-802 is liable to the person aggrieved for legal or equitable relief or any other appropriate relief. b. The employer of a covered individual who, under color of any law, ordinance, rule, regulation, custom or usage, subjects or causes to be subjected, including through failure to intervene, any other natural person to the deprivation of any right that is created, granted or protected by section 8-802 is liable, based upon the conduct of such covered individual, to the person aggrieved for legal or equitable relief or any other appropriate relief."

No. The legislation does not guarantee that victims are compensated the full amount awarded. The proposed legislation states, “whether the resolution included a payment to the plaintiff by the city, or by a covered individual or an employer or other person paying on behalf of a covered individual, and, if so, the amount of such payment.” b. The employer of a covered individual who, under color of any law, ordinance, rule, regulation, custom or usage, subjects or causes to be subjected, including through failure to intervene, any other natural person to the deprivation of any right that is created, granted or protected by section 8-802 is liable, based upon the conduct of such covered individual, to the person aggrieved for legal or equitable relief or any other appropriate relief. § 8-804 Immunity not a defense. It is not a defense to liability pursuant to this chapter that a covered individual has qualified immunity or any other substantially equivalent immunity."

Yes. The legislation states, “1. Award to a prevailing plaintiff on such claim (i) compensatory damages and, in such court’s discretion, punitive damages or (ii) at the election of such plaintiff, damages of $1,000; 2. Award to such plaintiff reasonable attorney’s fees and court costs; and 3. Issue an order restraining such covered individual from engaging in further conduct in violation of such section. b. The court shall apply the hourly rate charged by attorneys of similar skill and experience litigating similar cases when it chooses to factor the hourly rate into an attorney’s fee award."

No. There is no mention of employee accountability.

Yes. The legislation states, "1. a list of civil actions filed against the police department or [individual police officers] a covered individual, or both, during the five year period preceding each January 1 or July 1 immediately preceding each report; 2. for each such action: (i) the identities of the plaintiffs and defendants; (ii) the court in which the action was filed; [(ii)] (iii) the name of the law firm representing the plaintiff; [(iii)] (iv) the name of the law firm or agency representing each defendant; [(iv)] (v) the date the action was filed; and [(v)] (vi) whether the plaintiff alleged improper police conduct, including, but not limited to, claims involving use of force, assault and battery, malicious prosecution, [or] false arrest or imprisonment, or deprivation of a right pursuant to chapter 8 of title 8; and 3. if an action has been resolved: (i) the date on which it was resolved; (ii) the manner in which it was resolved; and (iii) whether the resolution included a payment to the plaintiff by the city, or by a covered individual or an employer or other person paying on behalf of a covered individual, and, if so, the amount of such payment."

Yes. The proposed legislation states, "A person or public entity acting under color of law that subjects or causes to be subjected any other person to the deprivation of any rights, privileges, or immunities secured by the federal or state Constitution or laws, is liable to the injured party for legal or equitable relief or any other appropriate relief."

Yes. The proposed legislation states, "A person or public entity acting under color of law that subjects or causes to be subjected any other person to the deprivation of any rights, privileges, or immunities secured by the federal or state Constitution or laws, is liable to the injured party for legal or equitable relief or any other appropriate relief."

Yes. The proposed legislation states, "A person or public entity acting under color of law that subjects or causes to be subjected any other person to the deprivation of any rights, privileges, or immunities secured by the federal or state Constitution or laws, is liable to the injured party for legal or equitable relief or any other appropriate relief."

Yes. The proposed legislation states, "Statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to claims brought pursuant to this section."

No. There is no mention of failure to intervene.

Yes. The proposed legislation states, "Notwithstanding any other provision of law, a public entity shall indemnify its public employee for any liability incurred by the employee and for any judgment entered against the employee for claims arising under this section; except that a public entity shall not indemnify a public employee if the employee was convicted of a criminal violation for the conduct from which the claim arises."

Yes. The proposed legislation states, "Statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to claims brought pursuant to this section."

No. There is no mention of employee accountability.

Yes. Law enforcement misconduct records became public in New York in August 2020.