Section 50-J*2. Civil actions against correction employees  


Latest version.
  • 1. As used in
      this section:
        a. "Member" means any active or retired member of the uniformed  force
      as  well  as  any  person  employed  by  or  retired from the correction
      department of a city. It also means  any  employee  of  such  department
      whose employment has been suspended for budgetary reasons.
        b.  "Corporation Counsel" means the corporation counsel or chief legal
      officer of a city.
        c. "Department" means the correction department of a city that employs
      the member.
        d. "City" means the particular city that employs the member.
        2. No civil action shall be brought in any court of the state,  except
      by  the corporation counsel on behalf of the city, against any member of
      the department, in his personal capacity, for damages arising out of any
      act done or the failure to perform any act that was (a) within the scope
      of the employment and in the discharge of the duties by such member  and
      (b)  was not in violation of any rule or regulation of the department or
      of any statute or governing case law  of  the  state  at  the  time  the
      alleged damages were sustained.
        3. Any claim for damages arising out of any act done or the failure to
      perform  any act within the scope of the employment and in the discharge
      of the duties of any member of  the  department  shall  be  brought  and
      maintained in the supreme court as a claim against the city.
        4.  The  city  shall  save  harmless  and  indemnify any member of the
      department from financial loss resulting from a claim filed in  a  court
      of  the  United  States  for  damages  arising out of an act done or the
      failure to perform any  act  that  was  (a)  within  the  scope  of  the
      employment  and  in  the discharge of the duties of such member, and (b)
      was not in violation of any rule or regulation of the department  or  of
      any  statute  or governing case law of the state or of the United States
      at the time the alleged damages were allegedly sustained, provided  that
      the  member shall comply with the provisions of subdivision five of this
      section.
        5. The member shall deliver, within ten days of the time he is  served
      with  any  summons,  complaint, process, notice, demand or pleading, the
      original or copy thereof to the corporation  counsel,  and  request  the
      corporation  counsel  to  assume  control  of  his  representation.  The
      corporation  counsel  upon  receipt  of  any  such  summons,  complaint,
      process,   notice,   demand  or  pleading  may  assume  control  of  the
      representation of the member. Upon the corporation counsel assuming such
      control, the member shall cooperate fully with the corporation counsel.
        6. This section shall not in any  way  impair,  limit  or  modify  the
      rights and obligations of any insurer under any policy of insurance.
        7. The benefits of subdivision four shall inure only to members of the
      department  and  shall  not  enlarge or diminish the rights of any other
      party.
        8. This section shall apply with respect to claims arising on or after
      the effective date of this section.
        9. The provisions of this section shall not apply to the city  of  New
      York.
        * NB There are 2 § 50-j's