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This entry was published on 2014-09-22
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SECTION 50-J
Liability of police officers for negligence in the performance of duty
General Municipal (GMU) CHAPTER 24, ARTICLE 4
* § 50-j. Liability of police officers for negligence in the
performance of duty. 1. Notwithstanding the provisions of any general,
special or local law, charter or code to the contrary, every city,
county, town, village, authority or agency shall be liable for, and
shall assume the liability to the extent that it shall save harmless,
any duly appointed police officer of such municipality, authority or
agency for any negligent act or tort, provided such police officer, at
the time of the negligent act or tort complained of, was acting in the
performance of his duties and within the scope of his employment.

2. For purposes of this section, a police officer of any such
municipal corporation, authority or agency, although excused from
official duty at the time, shall be deemed to be acting in the discharge
of duty when engaged in the immediate and actual performance of a public
duty imposed by law and such public duty performed was for the benefit
of the citizens of the community wherein such public duty was performed
and the municipal corporation, authority or agency derived no special
benefit in its corporate capacity.

3. No action or special proceeding instituted hereunder shall be
prosecuted or maintained against the municipality, authority or agency
concerned or such police officer unless notice of claim shall have been
made and served upon such municipality, authority or agency in
compliance with section fifty-e of this chapter. Every such action shall
be commenced pursuant to the provisions of section fifty-i of this
chapter.

4. The provisions of this section shall not apply to the city of New
York.

5. The provisions of this section shall not apply to the New York city
housing authority.

6. a. In addition to the requirements of subdivision one of this
section, upon discretionary adoption of a local law, ordinance,
resolution, rule or regulation, any city, county, town, village,
authority, or agency shall provide for the defense of any civil action
or proceeding brought against a duly appointed police officer of such
municipality, authority or agency and shall indemnify and save harmless
such police officer from any judgment of a court of competent
jurisdiction whenever such action, proceeding or judgment is for
punitive or exemplary damages, arising out of a negligent act or other
tort of such police officer committed while in the proper discharge of
his duties and within the scope of his employment. Such municipality,
authority or agency is hereby authorized and empowered to purchase
insurance to cover the cost of such defense and indemnification.

b. The determination of whether any such police officer properly
discharged his duties within the scope of his employment shall be made
in a manner which shall be promulgated by the chief executive officer or
if there be none, the chief legislative officer, and adopted by the
governing board of such municipality, authority or agency.

* NB There are 2 § 50-j's