US Laws, Codes, Statutes & Cases

 
    § 259-q. Civil  actions against division personnel. 1. No civil action
  shall be brought in any court of  the  state,  except  by  the  attorney
  general  on  behalf of the state, against any officer or employee of the
  division, in his personal capacity, 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  by  such  officer  or
  employee.
    2. 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 officer  or  employee  of  the  division  shall  be
  brought  and  maintained  in  the court of claims as a claim against the
  state.
    3. The state shall save harmless and indemnify any officer or employee
  of the division 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  officer  or
  employee,  and  (b)  not  done or omitted with the intent to violate any
  rule or regulation of the division or of any statute or  governing  case
  law  of  the  state or of the United States at the time the damages were
  sustained; provided that the officer or employee shall comply  with  the
  provisions  of  subdivision  four  of  section  seventeen  of the public
  officers law.
    4. (a) The  provisions  of  this  section  shall  supplement,  and  be
  available  in  addition  to,  the provisions of section seventeen of the
  public officers law and, insofar as this section  is  inconsistent  with
  section  seventeen  of  the  public officers law, the provisions of this
  section shall be controlling.
    (b) The provisions of this section shall not be construed in  any  way
  to  impair,  modify or abrogate any immunity available to any officer or
  employee of the division under the statutory or decisional  law  of  the
  state or the United States.
    5.  This  section  shall  not  in  any way impair, limit or modify the
  rights and obligations of any insurer under any policy of insurance.
    6. The benefits of  subdivision  three  hereof  shall  inure  only  to
  officers and employees of the division and shall not enlarge or diminish
  the rights of any other party.
    7. This section shall apply with respect to claims arising on or after
  the  effective  date of this section. Claims arising prior thereto shall
  be governed by section seventeen of the public officers law  or  section
  twenty-four of the correction law as the case may be.