New York § 85 - 85Action for deprivation of constitutional rights by government officials acting under color of law

§ 85. 85Action for deprivation of constitutional rights by government officials acting under color of law

§ 85. Action for deprivation of constitutional rights by government officials acting under color of law. 1. Liability. Any person who, under color of any law, statute, ordinance, regulation, custom, or usage of the United States and of any state or territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the constitution of the United States, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. 2. Remedies. In any action brought under this section, the court may award: a. Compensatory damages, including damages for emotional distress, pain and suffering, and other non-economic damages; b. Punitive damages where the violation is found to be malicious, wanton, willful, or in reckless disregard of the plaintiff's rights; c. Injunctive and declaratory relief; d. Nominal damages; and e. Reasonable attorneys' fees and costs to a prevailing plaintiff, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorneys' fees, unless such action was clearly in excess of such officer's jurisdiction. 3. This section shall apply retroactively to January first, two thousand twenty-five, provided that for any claim for a violation of the United States Constitution that occurred between January first, two thousand twenty-five, and the effective date of this section, the only monetary damages that shall be available pursuant to this section for such constitutional violation are nominal and compensatory damages.