2017 New York Laws
MHY - Mental Hygiene
Title D - Alcoholism and Substance Abuse Act
Article 19 - Office of Alcoholism and Substance Abuse
19.14 - Civil Actions Against Certain Officers and Employees of the Office.
19.14 Civil actions against certain officers and employees of the
(a) No civil action shall be brought in any court of the state, except by the attorney general on behalf of the state, against an officer or employee of the office who is charged with the duty of securing the custody of a person in need of care and treatment for alcoholism in his personal capacity for damages arising out of any act done or the failure to perform any act within the scope of employment and in the discharge of official duties by such officer or employee.
(b) 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 such officer or employee shall be brought and maintained in the court of claims as a claim against the state.
(c) The state shall save harmless and indemnify such officer or employee 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 (1) within the scope of the employment and in the discharge of the duties of such officer or employee, and (2) was not in violation of any rule or regulation of the office 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 officer or employee shall comply with the provisions of subdivision four of section seventeen of the public officers law.
(d) (1) 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.
(2) 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 officer under the statutory or decisional law of the state or the United States.
(e) This section shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance.
(f) The benefits of subdivision (c) shall inure only to the officers and employees of the office and shall not enlarge or diminish the rights of any other party.
(g) 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.