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This entry was published on 2014-09-22
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SECTION 50-J*2
Civil actions against correction employees
General Municipal (GMU) CHAPTER 24, ARTICLE 4
* § 50-j. Civil actions against correction employees. 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