Judgment or settlement as bar to action against employee;
judgments for claims against employee acting within scope of
employment; costs and fees
Sec. 3. (a) A judgment rendered with respect to or a settlement
made by a governmental entity bars an action by the claimant against
an employee whose conduct gave rise to the claim resulting in that
judgment or settlement.
(b) The governmental entity shall pay any judgment, compromise,
or settlement of a claim or suit against an employee when:
(1) the act or omission causing the loss is within the scope of
the employee's employment; and
(2) the:
(A) governor, in the case of a claim or suit against a state
employee; or
(B) the governing body of the political subdivision, in the
case of a claim or suit against an employee of a political
subdivision;
determines that paying the judgment, compromise, or settlement
is in the best interest of the governmental entity.
(c) The governmental entity shall pay all costs and fees incurred
by or on behalf of an employee in defense of a claim or suit for a loss
occurring because of acts or omissions within the scope of the
employee's employment, regardless of whether the employee can or
cannot be held personally liable for the loss.
(d) This chapter shall not be construed as:
(1) a waiver of the eleventh amendment to the Constitution of
the United States;
(2) consent by the state of Indiana or its employees to be sued
in any federal court; or
(3) consent to be sued in any state court beyond the boundaries
of Indiana.
As added by P.L.1-1998, SEC.8.
Last modified: May 24, 2006