2012 New York Consolidated Laws
EXC - Executive
Article 12-B - (259 - 259-S) STATE BOARD OF PAROLE
259-Q - Civil actions against division personnel.

 
    § 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
  board of parole or former division of parole, 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  board  of  parole  or
  former  division  of parole 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 board of parole or former division of parole 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 board of parole or former division of parole  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  board of parole or former division of
  parole 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.