New York Consolidated Laws

N.Y. Mental Hygiene Law § 9.59 (2026)

Immunity from liability

✓ current as of May 2026

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* § 9.59 Immunity from liability.
  (a) Notwithstanding any inconsistent provision of any general, special
or local law, an ambulance service as defined by subdivision two of
section three thousand one of the public health law and any member
thereof who is an emergency medical technician or an advanced emergency
medical technician transporting a person to a hospital as authorized by
this article, any peace officers, when acting pursuant to their special
duties, any police officers, who are members of an authorized police
department or force or of a sheriff's department, and any members of
mobile crisis outreach teams approved by the commissioner pursuant to
section 9.58 of this article, who are taking into custody and
transporting a person to a hospital as authorized by this article, or to
a hospital or other facility as authorized by section 22.09 of this
chapter, and any employee of a licensed comprehensive psychiatric
emergency program, specially trained in accordance with standards
developed by the commissioner, who transports a person to a hospital,
shall not be liable for damages for injuries alleged to have been
sustained by such person or for the death of such person alleged to have
occurred by reason of an act or omission unless it is established that
such injuries or such death was caused by gross negligence on the part
of such emergency medical technician, advanced emergency medical
technician, peace officer, police officer, mobile crisis outreach team
member, or specially trained employee of a licensed comprehensive
psychiatric emergency program.
  (b) Nothing in this section shall be deemed to relieve or alter the
liability of any such ambulance service or members thereof, peace
officers, police officers or specially trained employees of a licensed
comprehensive psychiatric emergency program for damages or injuries or
death arising out of the operation of motor vehicles.
  * NB Effective until July 1, 2027
* § 9.59 Immunity from liability.
  (a) Notwithstanding any inconsistent provision of any general, special
or local law, an ambulance service as defined by subdivision two of
section three thousand one of the public health law and any member
thereof who is an emergency medical technician or an advanced emergency
medical technician transporting a person to a hospital as authorized by
this article, any peace officers, when acting pursuant to their special
duties, and any police officers, who are members of an authorized police
department or force or of a sheriff's department, who are taking into
custody and transporting a person to a hospital as authorized by this
article, shall not be liable for damages for injuries alleged to have
been sustained by such person or for the death of such person alleged to
have occurred by reason of an act or omission unless it is established
that such injuries or such death was caused by gross negligence on the
part of such emergency medical technician, advanced emergency medical
technician, peace officer or police officer.
  (b) Nothing in this section shall be deemed to relieve or alter the
liability of any such ambulance service or members thereof, peace
officers, or police officers for damages or injuries or death arising
out of the operation of motor vehicles.
  * NB Effective July 1, 2027

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1999–2022 · leading case: Heller v. Bedford Cent. Sch. Dist., 144 F. Supp. 3d 596 (S.D.N.Y. 2015).

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Heller v. Bedford Cent. Sch. Dist., 144 F. Supp. 3d 596 (S.D.N.Y. 2015). · cites it 2× “N.Y. Mental Hyg. Law § 9.59 . Sections 9.”

Schoolcraft v. City of New York, 103 F. Supp. 3d 465 (S.D.N.Y. 2015). “2d 466, 467 (2009) (citing Mental Hygiene Law § 9.59); *538 cf. Woody v.”

Shinn v. City of New York, 65 A.D.3d 621 (N.Y. App. Div. 2009). “Thus, the municipal defendants were immune from civil liability, as their employees’ actions were within the scope of their employment (see Social Services Law § 473 [3]; Mental Hygiene Law § 9.59 [a]). Accordingly, the municipal defendants established their prima facie…”

Woody v. Astoria Gen. Hosp., Inc., 264 A.D.2d 318 (N.Y. App. Div. 1999). “Defendant EMT is immune from liability for ordinary negligence under Mental Hygiene Law § 9.59, which applies here since the decedent was being involuntarily transported from an emergency room to a psychiatric hospital.”

Torres v. Faxton St. Lukes Healthcare, 227 F. Supp. 3d 216 (N.D.N.Y. 2017). “N.Y. Mental Hygiene Law § 9.59 (shielding first responders from liability for conduct during act of transportation absent gross negligence).”

Strobridge v. City of Elmira (W.D.N.Y. 2022). · cites it 3× “59 of the New York Mental Hygiene Law grants immunity to police officers (among other first responders or hospitals) “who are taking into custody and transporting a person to a hospital as authorized by this article” for liability “for damages for injuries alleged to have been…”

Kaplan v. Cnty. of Orange (S.D.N.Y. 2021). “” N.Y. Mental Hyg. Law § 9.59 . “Immunity from a [§] 1983 claim, however, is a matter of federal law and cannot be immunized by state law.”

— N.Y. Mental Hygiene Law § 9.59(a) — 1 case

Strobridge v. City of Elmira (W.D.N.Y. 2022). “59 of the New York Mental Hygiene Law grants immunity to police officers (among other first responders or hospitals) “who are taking into custody and transporting a person to a hospital as authorized by this article” for liability “for damages for injuries alleged to have been…”

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