End qualified immunity in New York

Yes, section 8-804 of the bill states, "** It is not a defense to liability pursuant to this chapter that a covered individual has qualified immunity or any other substantially equivalent immunity**." Per the bill, "The term “covered individual” means (i)** an employee of the police department or (ii) a person who is appointed by the police commissioner as a special patrolman..."**

No, the bill does not meet the standard. Section 8-801 of the bill states, "The term “covered individual” means (i) a**n employee of the police department or (ii) a person who is appointed by the police commissioner as a special patrolman...**"

No, the bill does not meet the standard, it only ends qualified immunity for instances of unreasonable search and seizure and excessive force.

No, the bill does not meet the standard. Section 8-805 of the bill states, "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: **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** (and) award to such plaintiff reasonable attorney’s fees and court costs"

The bill partially meets the standard. Section 8-803 of the bill states, "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."

Yes, section 8-805 of the bill states, "**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: 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"

Yes, section 8-805 of the bill states, "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: 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 (and) **award to such plaintiff reasonable attorney’s fees and court costs"**

No, the bill does not meet the standard.

Yes, section 7-114 of the bill states, "No later than January 31, 2018 and no later than each July 31 and January 31 thereafter, the law department shall post on its website...**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, section 1 of the bill 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, section 1 of the bill 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, section 1 of the bill 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, section 1 of the bill states, **"Statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to claims brought pursuant to this section**."

No, the bill does not meet the standard.

Yes, section 1 of the bill 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, section 1 of the bill states, "Notwithstanding any other law to the contrary, in any action brought pursuant to this section or the New York human rights law, a** court shall award reasonable attorney fees and costs to a prevailing plaintiff.**"

No, the bill does not meet the standard.

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

Yes, section 1 of the bill 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, section 1 of the bill 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, section 1 of the bill 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, section 1 of the bill states, "**Statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to claims brought pursuant to this section**."

No, the bill does not meet the standard.

Yes, section 1 of the bill 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, section 1 of the bill states, "When a judgment is entered in favor of a defendant, th**e court may award reasonable costs and attorney fees to the defendant **only for defending any claims the court finds frivolous."

No, the bill does not meet the standard.

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

Yes, section 1 of the bill states, "Notwithstanding any other law to the contrary**, a peace officer, as defined in section 2.10 of the criminal procedure law, 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.**"

No, the bill does not meet the standard. Section 1 of the bill states, "Notwithstanding any other law to the contrary**, a peace officer, as defined in section 2.10 of the criminal procedure law, 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.**"

Yes, section 1 of the bill states, "Notwithstanding any other law to the contrary, **a peace officer, as defined in section 2.10 of the criminal procedure law, 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."

Yes, section 1 of the bill states, "... **statutory limitations on liability, damages or attorney fees shall not apply to claims brought pursuant to this section; .**.."

The bill partially meets the standard. There is no reporting requirement, but there is a consequence for an officer who fails to intervene. Section 1 of the bill states, " a peace officer... who 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..."

No, the bill does not meet the standard.

Yes, section 1 of the bill states, "Notwithstanding any other law to the contrary, in any action brought pursuant to this section,** a court shall award reasonable attorney fees and costs to a prevailing plaintiff.** In actions for injunctive relief, a court shall deem a plaintiff to have prevailed if the plaintiff's suit was a substantial factor or significant catalyst in obtaining the results sought by the litigation. **When a judgment is entered in favor of a defendant, the court may award reasonable costs and attorney fees to the defendant for defending any claims the court finds frivolous**."

No, the bill does not meet the standard,

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

Yes, section 1 of the bill 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, section 1 of the bill 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, section 1 of the bill 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, section 1 of the bill states, **"Statutory immunities and statutory limitations on liability, damages or attorney fees do not apply** to claims brought pursuant to this section."

No, the bill does not meet the standard.

Yes, section 1 of the bill 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, section 1 of the bill states, "Notwithstanding any other law to the contrary, in any action brought pursuant to this section or the New York human rights law, **a court shall award reasonable attorney fees and costs to a prevailing plaintiff**."

No, the bill does not meet the standard.

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