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This entry was published on 2014-09-22
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SECTION 79-F
Liability for acts of persons assisting police officers
Civil Rights (CVR) CHAPTER 6, ARTICLE 7
§ 79-f. Liability for acts of persons assisting police officers. 1.
Notwithstanding any inconsistent provisions of law, general or special
or local, the state shall save harmless and protect any person who, upon
being lawfully commanded, renders assistance to a police officer
employed by the state in the performance of his duties, from any
financial loss arising out of any claim, demand, suit or judgment by
reason of alleged negligence, other than gross negligence, or an alleged
tortious act of the person rendering such assistance which results in
bodily injury or property damage; any political subdivision of the state
shall save harmless and protect any person who, upon being lawfully
commanded, renders assistance to a police officer of such political
subdivision in the performance of his duties, from any financial loss
arising out of any claim, demand, suit or judgment by reason of alleged
negligence, other than gross negligence, or an alleged tortious act of
the person rendering such assistance which results in bodily injury or
property damage; any agency of the state shall save harmless and protect
any person who, upon being lawfully commanded, renders assistance to a
police officer of such agency in the performance of his duties, from any
financial loss arising out of any claim, demand, suit or judgment by
reason of alleged negligence, other than gross negligence, or an alleged
tortious act of the person rendering such assistance which results in
bodily injury or property damage.

2. The state or an agency or political subdivision thereof shall not
be subject to the duty imposed by this section, unless the person who
rendered assistance shall, within ten days of the time he is served with
any summons, complaint, process, notice, demand or pleading, deliver the
original or a copy thereof to the chief legal officer of the state or
agency or political subdivision thereof, as the case may be.

3. Thereafter, the state, agency or political subdivision, as the case
may be, shall be entitled to appear in any further proceedings arising
under this section.

4. As used in this section the term police officer means any member of
a duly organized police force or department of any county, city, town,
village, municipality, authority, police district, regional state park
commission when employed full time in the enforcement of the general
criminal laws of the state, or any member of the state police or a
sheriff, undersheriff or deputy sheriff, other than a special deputy
sheriff.