South Dakota § 21-32A-2 Immunity of employees, officers, or agents--Affirmative defense.

South Dakota Statutes

§ 21-32A-2 — Immunity of employees, officers, or agents--Affirmative defense.

South Dakota § 21-32A-2

Title 21JUDICIAL REMEDIES

Ch. 21-32AREMEDIES AGAINST PUBLIC ENTITIES

This text of South Dakota § 21-32A-2 (Immunity of employees, officers, or agents--Affirmative defense.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-32A-2 (2026).

Text

Except insofar as a public entity, including the state, participates in a risk sharing pool or insurance is purchased pursuant to § 21-32A-1 , any employee, officer, or agent of the public entity, including the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity. The immunity recognized herein may be raised by way of affirmative defense.

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Except insofar as a public entity, including the state, participates in a risk sharing pool or insurance is purchased pursuant to § 21-32A-1 , any employee, officer, or agent of the public entity, including the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity. The immunity recognized herein may be raised by way of affirmative defense.