Representation of New York State Employees in Civil Rights Actions

Since the firm’s inception, CD&M has been defending NYS Employees in Federal Court when indemnified by the State. We have represented NYS Employees from several agencies including: the Department of Correction and Community Supervision (DOCCS), Office for People with Developmental Disabilities (OPWDD), and the New York State Department of Education. Public officers and employees of the state, municipalities, or any other public entity in New York State are eligible for protection under Section 17 when they are sued for actions taken while performing their official duties. 

 

New York State’s Public Officers Law Section 17 provides critical protections to public officers and employees when they are sued or face legal action related to their official duties. Under POL 17, public employees, such as state workers, local government employees, police officers, and teachers can seek indemnification for legal costs, damages, and liabilities that arise while they are acting within the scope of their employment.

 

These protections are vital to safeguarding the ability for public servants to perform their duties without the constant fear of personal financial ruin due to legal actions tied to their official work.

 

How Does It Work? If you are a NYS employee and you have been personally named in lawsuit, the first step is to contact the NYS Attorney General’s Office and your Agency’s counsel.  If the NYS Office of the Attorney General determines there is conflict and they cannot represent you, you will receive a letter informing you of the conflict and authorizing you to hire a private attorney who will be paid by NYS. 

 

CD&M Experience: CD&M has represented NYS Employees in all Federal Districts in NYS and the Second Circuit Court of Appeals. These types of cases include statewide class actions; and actions alleging a violation of the First, Fourth, Eighth and Fourteenth Amendments.  We have successfully litigated cases through trial and appeal.