N.Y. Executive Law § 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.