§ 259-q. Civil actions against board personnel.
1.No civil action\nshall be brought in any court of the state, except by the attorney\ngeneral on behalf of the state, against any officer or employee of the\nboard of parole or former division of parole, in his personal capacity,\nfor damages arising out of any act done or the failure to perform any\nact within the scope of the employment and in the discharge of the\nduties by such officer or employee.\n 2. Any claim for damages arising out of any act done or the failure to\nperform any act within the scope of the employment and in the discharge\nof the duties of any officer or employee of the board of parole or\nformer division of parole shall be brought and maintained in the court\nof claims as a claim against the state.\n 3. The stat
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§ 259-q. Civil actions against board personnel. 1. No civil action\nshall be brought in any court of the state, except by the attorney\ngeneral on behalf of the state, against any officer or employee of the\nboard of parole or former division of parole, in his personal capacity,\nfor damages arising out of any act done or the failure to perform any\nact within the scope of the employment and in the discharge of the\nduties by such officer or employee.\n 2. Any claim for damages arising out of any act done or the failure to\nperform any act within the scope of the employment and in the discharge\nof the duties of any officer or employee of the board of parole or\nformer division of parole shall be brought and maintained in the court\nof claims as a claim against the state.\n 3. The state shall save harmless and indemnify any officer or employee\nof the board of parole or former division of parole from financial loss\nresulting from a claim filed in a court of the United States for damages\narising out of an act done or the failure to perform any act that was\n(a) within the scope of the employment and in the discharge of the\nduties of such officer or employee, and (b) not done or omitted with the\nintent to violate any rule or regulation of the department, board or\nformer division or of any statute or governing case law of the state or\nof the United States at the time the damages were sustained; provided\nthat the officer or employee shall comply with the provisions of\nsubdivision four of section seventeen of the public officers law.\n 4. (a) The provisions of this section shall supplement, and be\navailable in addition to, the provisions of section seventeen of the\npublic officers law and, insofar as this section is inconsistent with\nsection seventeen of the public officers law, the provisions of this\nsection shall be controlling.\n (b) The provisions of this section shall not be construed in any way\nto impair, modify or abrogate any immunity available to any officer or\nemployee of the board of parole or former division of parole under the\nstatutory or decisional law of the state or the United States.\n 5. This section shall not in any way impair, limit or modify the\nrights and obligations of any insurer under any policy of insurance.\n 6. The benefits of subdivision three hereof shall inure only to\nofficers and employees of the board of parole or former division of\nparole and shall not enlarge or diminish the rights of any other party.\n 7. This section shall apply with respect to claims arising on or after\nthe effective date of this section. Claims arising prior thereto shall\nbe governed by section seventeen of the public officers law or section\ntwenty-four of the correction law as the case may be.\n