Section 50-M. Civil actions against police and peace officers of Suffolk county; defense and indemnification  


Latest version.
  • 1. Notwithstanding  the  provisions  of  any  other  general,  special or local law, code or charter, Suffolk
      county,  upon  discretionary  adoption  of  a  local   law,   ordinance,
      resolution,  rule  or  regulation,  shall provide for the defense of any
      civil action or proceeding brought against a duly  appointed  police  or
      peace officer, as defined in section 1.20 of the criminal procedure law,
      employed by the county of Suffolk, and shall indemnify and save harmless
      such  officer  from  any  judgment  of a court of competent jurisdiction
      whenever such action, proceeding or judgment is for  damages,  including
      punitive  or  exemplary damages, arising out of a negligent act or other
      tort of such officer committed while in  the  proper  discharge  of  his
      duties and within the scope of his employment.
        2.  The  determination of whether any such officer properly discharged
      his duties within the scope of his employment shall be made in a  manner
      which  shall  be  established  by  rules  and regulations and procedures
      promulgated by the Suffolk county executive and adopted by  the  Suffolk
      county legislature.
        3.  No  action  or  special  proceeding  instituted hereunder shall be
      prosecuted or maintained against Suffolk county or such  officer  unless
      notice  of  claim  shall  have  been made and served upon such county in
      compliance with section fifty-e of this article. Every such action shall
      be commenced pursuant to the  provisions  of  section  fifty-i  of  this
      article.