2006 New York Code - Liability Of Police Officers For Negligence In The Performance Of Duty.



 
    * § 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

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