N.Y. General Municipal Law § 50-j: Liability of police officers for negligence in the performance of duty

* § 50-j. Liability of police officers for negligence in the

performance of duty. 1. Notwithstanding the provisions of any general,

special or local law, charter or code to the contrary, every city,

county, town, village, authority or agency shall be liable for, and

shall assume the liability to the extent that it shall save harmless,

any duly appointed police officer of such municipality, authority or

agency for any negligent act or tort, provided such police officer, at

the time of the negligent act or tort complained of, was acting in the

performance of his duties and within the scope of his employment.

2. For purposes of this section, a police officer of any such

municipal corporation, authority or agency, although excused from

official duty at the time, shall be deemed to be acting in the discharge

of duty when engaged in the immediate and actual performance of a public

duty imposed by law and such public duty performed was for the benefit

of the citizens of the community wherein such public duty was performed

and the municipal corporation, authority or agency derived no special

benefit in its corporate capacity.

3. No action or special proceeding instituted hereunder shall be

prosecuted or maintained against the municipality, authority or agency

concerned or such police officer unless notice of claim shall have been

made and served upon such municipality, authority or agency in

compliance with section fifty-e of this chapter. Every such action shall

be commenced pursuant to the provisions of section fifty-i of this

chapter.

4. The provisions of this section shall not apply to the city of New

York.

5. The provisions of this section shall not apply to the New York city

housing authority.

6. a. In addition to the requirements of subdivision one of this

section, upon discretionary adoption of a local law, ordinance,

resolution, rule or regulation, any city, county, town, village,

authority, or agency shall provide for the defense of any civil action

or proceeding brought against a duly appointed police officer of such

municipality, authority or agency and shall indemnify and save harmless

such police officer from any judgment of a court of competent

jurisdiction whenever such action, proceeding or judgment is for

punitive or exemplary damages, arising out of a negligent act or other

tort of such police officer committed while in the proper discharge of

his duties and within the scope of his employment. Such municipality,

authority or agency is hereby authorized and empowered to purchase

insurance to cover the cost of such defense and indemnification.

b. The determination of whether any such police officer properly

discharged his duties within the scope of his employment shall be made

in a manner which shall be promulgated by the chief executive officer or

if there be none, the chief legislative officer, and adopted by the

governing board of such municipality, authority or agency.

* NB There are 2 § 50-j's