2021 New York Laws
EXC - Executive
Article 12-B - State Board of Parole
259-Q - Civil Actions Against Board Personnel.

§ 259-q.  Civil  actions  against  board 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 department, board or
former 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.