The 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

NYC Admin. Code tit. 8, ch. 8

in effect

NYC Admin. Code § 8-801 Definitions.

§ 8-801 Definitions. For purposes of this chapter, the following terms have the following meanings: Covered individual. 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 pursuant to subdivision c or e of section 14-106. Person aggrieved. The term "person aggrieved" means a natural person who is allegedly subjected to, or allegedly caused to be subjected to, the deprivation of a right created, granted or protected by section 8-802 by a covered individual even if the only injury allegedly suffered by such natural person is the deprivation of such right. Prevailing plaintiff. The term "prevailing plaintiff" has the meaning ascribed to such term in subdivision g of section 8-502. State. The term "state" means the state of New York. (L.L. 2021/048, 4/25/2021, eff. 4/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/048.

NYC Admin. Code § 8-802 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.

§ 8-802 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. The right of natural persons to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and to be secure against the use of excessive force regardless of whether such force is used in connection with a search or seizure, shall not be violated; and no warrants shall be issued but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (L.L. 2021/048, 4/25/2021, eff. 4/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/048.

NYC Admin. Code § 8-803 Civil action for deprivation of rights.

§ 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. c. A person aggrieved may make a claim pursuant to subdivision a of this section in a civil action in any court of competent jurisdiction by filing a complaint setting forth facts pertaining to the deprivation of any right created, granted or protected by section 8-802 and requesting such relief as such person aggrieved considers necessary to insure the full enjoyment of such right. d. This section does not limit or abrogate any claim or cause of action a person aggrieved has under common law or pursuant to any other law or rule. Despite the availability of an alternative remedy under common law or pursuant to any other law or rule, the person aggrieved has and maintains a private right of action pursuant to this section. Exhaustion of any administrative remedies is not required for a person aggrieved to commence a civil action pursuant to this section. The remedies provided by this chapter are in addition to any other remedies that may be provided for under common law or pursuant to any other law or rule. (L.L. 2021/048, 4/25/2021, eff. 4/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/048.

NYC Admin. Code § 8-804 Immunity not a defense.

§ 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. (L.L. 2021/048, 4/25/2021, eff. 4/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/048.

NYC Admin. Code § 8-805 Relief.

§ 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; 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. (L.L. 2021/048, 4/25/2021, eff. 4/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/048.

NYC Admin. Code § 8-806 Statute of limitations.

§ 8-806 Statute of limitations. Notwithstanding any provision to the contrary in section 50-k of the general municipal law or any other provision of law, a person aggrieved must make a claim pursuant to section 8-803 in a civil action within 3 years after the alleged deprivation of a right created, granted or protected by section 8-802 occurred. (L.L. 2021/048, 4/25/2021, eff. 4/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/048.

NYC Admin. Code § 8-807 Construction.

§ 8-807 Construction. Except as otherwise provided in this chapter and notwithstanding section 8-130, (i) the right against unreasonable search and seizure, including excessive force used in connection with a search or seizure, created, granted or protected by section 8-802 shall be construed in the same manner as the right against unreasonable search and seizure, including excessive force used in connection with a search or seizure, created, granted or protected by the fourth amendment of the federal constitution, section 12 of article I of the state constitution and section 8 of the civil rights law and (ii) the right against excessive force, other than excessive force used in connection with a search or seizure, created, granted or protected by section 8-802 shall be construed in the same manner as the right against excessive force, other than excessive force used in connection with a search or seizure, created, granted or protected by the fourteenth amendment of the federal constitution and section 6 of article I of the state constitution. (L.L. 2021/048, 4/25/2021, eff. 4/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/048.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-219913Fetched: 10/24/2026