ยง662-16 - Defense of state employees.
ยง662-16ย Defense of state employees.ย
The attorney general may defend any civil action or proceeding brought in any
court against any employee of the State for damage to property or for personal
injury, including death, resulting from the act or omission of any state
employee while acting within the scope of the employee's employment.ย The
employee against whom such civil action or proceeding is brought shall deliver
within the time after the date of service or knowledge of service as determined
by the attorney general, all process or complaint served upon the employee or
an attested true copy thereof to the employee's immediate superior or to
whomever was designated by the head of the employee's department to receive
such papers and such person shall promptly furnish copies of the pleadings and
process therein to the department of the attorney general.
No judgment by default shall be entered against
a state employee based on a cause of action arising out of an act or omission
of such employee while acting within the scope of the employee's employment
unless the department of the attorney general has received a copy of the
complaint or other relevant pleadings and a period of twenty days has elapsed
from the date of such receipt.
The attorney general may also defend any civil
action or proceeding brought in any court against a county based on an
allegedly negligent or wrongful act or omission of persons employed by a county
as lifeguards and designated to provide lifeguard services at a designated
state beach park under an agreement between the State and a county.
The attorney general may also defend any civil
action or proceeding brought in any court against any provider of medical,
dental, or psychological services pursuant to contract with the department of
public safety when the provider is sued for acts or omissions within the
contract's scope of work. [L 1976, c 47, ยง1; am L 1991, c 316, ยง2; am L 1994, c
143, ยง1]