N.Y. General Municipal Law 50-M – Civil actions against police and peace officers of Suffolk county; defense and indemnification
§ 50-m. Civil actions against police and peace officers of Suffolk county; defense and indemnification. 1. Notwithstanding the provisions of any other general, special or local law, code or charter, Suffolk county, upon discretionary adoption of a local law, ordinance, resolution, rule or regulation, shall provide for the defense of any civil action or proceeding brought against a duly appointed police or peace officer, as defined in § 1.20 of the criminal procedure law, employed by the county of Suffolk, and shall indemnify and save harmless such officer from any judgment of a court of competent jurisdiction whenever such action, proceeding or judgment is for damages, including punitive or exemplary damages, arising out of a negligent act or other tort of such officer committed while in the proper discharge of his duties and within the scope of his employment.
Terms Used In N.Y. General Municipal Law 50-M
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
2. The determination of whether any such officer properly discharged his duties within the scope of his employment shall be made in a manner which shall be established by rules and regulations and procedures promulgated by the Suffolk county executive and adopted by the Suffolk county legislature.
3. No action or special proceeding instituted hereunder shall be prosecuted or maintained against Suffolk county or such officer unless notice of claim shall have been made and served upon such county in compliance with section fifty-e of this article. Every such action shall be commenced pursuant to the provisions of section fifty-i of this article.