Res. No. 645

Resolution calling on the New York State Legislature to pass, and the Governor to sign S.182A/A.710, in relation to providing a civil action for deprivation of rights.

By Council Members Salaam and Hanif

Whereas, The City of New York is committed to upholding and protecting the fundamental rights and freedoms of New Yorkers and ensuring accountability of those who violate people’s rights to ensure a just and equitable society; and

Whereas, Qualified immunity is a judicial doctrine developed by the Supreme Court through a series of rulings over the past 50 years, giving ever wider latitude to the conduct of police and other officials; and

Whereas, According to End Qualified Immunity New York, qualified immunity is a defense used by public officials in civil lawsuits for constitutional rights violations. The current standard of qualified immunity asks whether the official conduct was objectively reasonable and whether it was unlawful under "clearly established law," often stopping many lawsuits in their tracks; and

Whereas, Public officials whose conduct may be deemed unlawful or a constitutional violation by the courts can be granted qualified immunity if plaintiffs cannot produce an identical case in the same jurisdiction; and

Whereas, According to the Law Enforcement Action Partnership, ending qualified immunity is key to addressing public safety, as safety requires trust, and trust requires accountability, which is hindered by qualified immunity; and

Whereas, Victims and survivors of state violence deserve a fair chance at justice, as no one should be above the law, and New York's public officials should be held to the same legal standards as other citizens; and

Whereas, Ending qualified immunity would allow families seeking justice to have their cases heard on the merits and resolved in a timely fashion; and

Whereas, S.182A/A.710 sponsored by New York State Senator Robert Jackson and New York State Assemblymember Pamela Hunter, respectively, seeks to provide civil action and end the defense of qualified immunity for public officials who deprive the rights of New Yorkers by amending §79-R to the Civil Rights Law, thereby enhancing accountability for violations of constitutional rights; and

Whereas, Under the proposed law, the Attorney General may bring a civil action on behalf of the state and the injured party without foreclosing the injured party's right to bring an action with damages awarded to the injured party should the Attorney General prevail; and

Whereas, Civil action under this legislation must commence within three years of the cause of action; and

Whereas, Enactment of S.182A/A.710 would enhance the ability of New Yorkers to protect their rights and seek justice when those rights have been violated; now, therefore, be it

Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign S.182A/A.710, in relation to providing a civil action for deprivation of rights.

CMB

LS#17244

6/26/24