Indiana § 34-13-2-3 Judgment or settlement as bar to action against employee; judgments
for claims against employee acting within scope of employment; costs
and fees

Indiana Statutes

§ 34-13-2-3 — Judgment or settlement as bar to action against employee; judgments for claims against employee acting within scope of employment; costs and fees

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 13 CAUSES OF ACTION: CLAIMS AGAINST THE·Ch. 2 Contract Claims Against Public Employees

(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 pa

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(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.
[Pre-1998 Recodification Citation: 34-4-16.6-3.]

Indiana § 34-13-2-3 (Judgment or settlement as bar to action against employee; judgments for claims against employee acting within scope of employment; costs and fees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.