This text of New York § 50-J*2 (Civil actions against correction employees) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 50-j. Civil actions against correction employees.
1.As used in\nthis section:\n a. "Member" means any active or retired member of the uniformed force\nas well as any person employed by or retired from the correction\ndepartment of a city. It also means any employee of such department\nwhose employment has been suspended for budgetary reasons.\n b. "Corporation Counsel" means the corporation counsel or chief legal\nofficer of a city.\n c. "Department" means the correction department of a city that employs\nthe member.\n d. "City" means the particular city that employs the member.\n 2. No civil action shall be brought in any court of the state, except\nby the corporation counsel on behalf of the city, against any member of\nthe department, in his personal capacity, for damages ar
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* § 50-j. Civil actions against correction employees. 1. As used in\nthis section:\n a. "Member" means any active or retired member of the uniformed force\nas well as any person employed by or retired from the correction\ndepartment of a city. It also means any employee of such department\nwhose employment has been suspended for budgetary reasons.\n b. "Corporation Counsel" means the corporation counsel or chief legal\nofficer of a city.\n c. "Department" means the correction department of a city that employs\nthe member.\n d. "City" means the particular city that employs the member.\n 2. No civil action shall be brought in any court of the state, except\nby the corporation counsel on behalf of the city, against any member of\nthe department, in his personal capacity, for damages arising out of any\nact done or the failure to perform any act that was (a) within the scope\nof the employment and in the discharge of the duties by such member and\n(b) was not in violation of any rule or regulation of the department or\nof any statute or governing case law of the state at the time the\nalleged damages were sustained.\n 3. 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 member of the department shall be brought and\nmaintained in the supreme court as a claim against the city.\n 4. The city shall save harmless and indemnify any member of the\ndepartment from financial loss resulting from a claim filed in a court\nof the United States for damages arising out of an act done or the\nfailure to perform any act that was (a) within the scope of the\nemployment and in the discharge of the duties of such member, and (b)\nwas not in violation of any rule or regulation of the department or of\nany statute or governing case law of the state or of the United States\nat the time the alleged damages were allegedly sustained, provided that\nthe member shall comply with the provisions of subdivision five of this\nsection.\n 5. The member shall deliver, within ten days of the time he is served\nwith any summons, complaint, process, notice, demand or pleading, the\noriginal or copy thereof to the corporation counsel, and request the\ncorporation counsel to assume control of his representation. The\ncorporation counsel upon receipt of any such summons, complaint,\nprocess, notice, demand or pleading may assume control of the\nrepresentation of the member. Upon the corporation counsel assuming such\ncontrol, the member shall cooperate fully with the corporation counsel.\n 6. This section shall not in any way impair, limit or modify the\nrights and obligations of any insurer under any policy of insurance.\n 7. The benefits of subdivision four shall inure only to members of the\ndepartment and shall not enlarge or diminish the rights of any other\nparty.\n 8. This section shall apply with respect to claims arising on or after\nthe effective date of this section.\n 9. The provisions of this section shall not apply to the city of New\nYork.\n * NB There are 2 § 50-j's\n