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

Codes > Indiana Code > Title 34 > Article 13 : Chapter 2 > 34-13-2-3 Judgment

34-13-2-3 Judgment or settlement as bar to action against employee; judgment for claim 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.