Personal civil liability under civil rights laws of employee acting
within scope of employment
Sec. 1. If a present or former public employee, including a
member of a board, a committee, a commission, an authority, or
another instrumentality of a governmental entity, is or could be
subject to personal civil liability for a loss occurring because of a
noncriminal act or omission within the scope of the public
employee's employment which violates the civil rights laws of the
United States, the governmental entity (when the governmental entity
defends or has the opportunity to defend the public employee) shall,
subject to IC 34-13-3-4, IC 34-13-3-14, IC 34-13-3-15, and
IC 34-13-3-16, pay:
(1) any judgment (other than for punitive damages) of the claim
or suit; or
(2) any judgment for punitive damages, compromise, or
settlement of the claim or suit if:
(A) the 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 for punitive damages,
compromise, or settlement is in the best interest of the governmental
entity. The governmental entity shall also pay all costs and fees
incurred by or on behalf of a public employee in defense of the claim
or suit.
As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.4;
P.L.161-2003, SEC.8.
Last modified: May 24, 2006