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

§ 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

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.

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

As added by P.L.1-1998, SEC.8.

IC 34-13-3Chapter 3. Tort Claims Against Governmental Entities and Public Employees

34-13-3-0.1Application of certain amendments to chapter 34-13-3-0.2Application of certain amendments to prior law 34-13-3-1Applicability of chapter 34-13-3-2Applicability of chapter 34-13-3-2Applicability of chapter 34-13-3-2.3Applicability of chapter to NCSL 2020 Legislative Summit host committee 34-13-3-2.5Applicability of chapter to certain claims or suit in tort against a postsecondary educational institution 34-13-3-3Immunity of governmental entity or employee 34-13-3-3Immunity of governmental entity or employee 34-13-3-4Limitation on aggregate liability; punitive damages prohibited 34-13-3-5Actions against individual members not authorized; judgment against or settlement by governmental entity 34-13-3-6Notice to attorney general and state agency involved 34-13-3-7Administrative claim for inmate's recovery of property 34-13-3-8Claims against political subdivisions; notice requirement 34-13-3-9Incapacitated plaintiffs; notice requirement 34-13-3-10Notice requirement; form of statement 34-13-3-11Approval or denial of claim by government entity 34-13-3-12Notice requirements; service 34-13-3-13Denial of claim as prerequisite to suit 34-13-3-14Compromise or settlement of claim by governor 34-13-3-15Attorney general; powers and duties 34-13-3-16Compromise or settlement of claim by political subdivision 34-13-3-17Enforcement of judgments against governmental entities 34-13-3-18Time for payment of claim or judgment; interest rate 34-13-3-19Applicability of IC 34-13-3-18; settlement 34-13-3-20Liability insurance; prohibitions 34-13-3-21Attorney's fees; allowance to governmental entity; action for abuse of process 34-13-3-22Persons or entities considered political subdivisions 34-13-3-23Structured settlement; discharge; limits 34-13-3-24Appropriations for payment of claims and expenses 34-13-3-25Presentation of vouchers and issuance of warrants for appropriations