Overview
- New York’s governor endorsed legislation allowing residents to bring state civil claims against ICE officers for alleged constitutional violations, joining active efforts in California and Maryland.
- The drive accelerated after the fatal shooting of Renee Nicole Good in Minneapolis and public assertions from Vice President JD Vance and DHS that federal officers enjoy immunity, a claim legal scholars dispute.
- Attorneys for Good’s family said they are exploring a civil case, describing the process of suing the federal government as complex under the Federal Tort Claims Act.
- Legal experts note that FTCA claims bar punitive damages, often preclude jury trials, and can be defeated by discretionary-function defenses, while Bivens suits against individual federal officers rarely succeed.
- Several states, including California, Massachusetts, and New Jersey, already have statutes enabling suits against federal officials, setting up likely clashes with the administration over preemption and scope.