New York Givens Action is a type of civil rights lawsuit named after the Supreme Court case Givens v. Six Unknown Named Agents of the Federal Bureau of Narcotics (1971). This type of lawsuit allows individuals to seek damages from a federal government employee or agency that violated their constitutional rights. There are two types of New York Givens Action. First, a plaintiff may sue a federal employee in their individual capacity for deprivation of their constitutional rights. Second, a plaintiff may sue a federal agency for their unconstitutional policies and practices. In New York, a Givens Action may be brought under two separate statutes — the Civil Rights Law and the Human Rights Law. Under the Civil Rights Law, a plaintiff can bring a claim for damages for violations of their constitutional rights, including the right to be free from unreasonable searches and seizures, excessive bail, cruel and unusual punishment, and the right to due process. Under the Human Rights Law, a plaintiff can bring a claim for damages for violations of their rights to equal protection and freedom from discrimination. In order for a plaintiff to succeed in a New York Givens Action, they must show that the federal government employee or agency committed an intentional violation of their constitutional rights and that they suffered harm as a result.
New York Givens Action is a type of civil rights lawsuit named after the Supreme Court case Givens v. Six Unknown Named Agents of the Federal Bureau of Narcotics (1971). This type of lawsuit allows individuals to seek damages from a federal government employee or agency that violated their constitutional rights. There are two types of New York Givens Action. First, a plaintiff may sue a federal employee in their individual capacity for deprivation of their constitutional rights. Second, a plaintiff may sue a federal agency for their unconstitutional policies and practices. In New York, a Givens Action may be brought under two separate statutes — the Civil Rights Law and the Human Rights Law. Under the Civil Rights Law, a plaintiff can bring a claim for damages for violations of their constitutional rights, including the right to be free from unreasonable searches and seizures, excessive bail, cruel and unusual punishment, and the right to due process. Under the Human Rights Law, a plaintiff can bring a claim for damages for violations of their rights to equal protection and freedom from discrimination. In order for a plaintiff to succeed in a New York Givens Action, they must show that the federal government employee or agency committed an intentional violation of their constitutional rights and that they suffered harm as a result.
