IC 10-11-4
    Chapter 4. Defense of Employees in Civil Actions; Duties ofAttorney General

IC 10-11-4-1
"Member"
    Sec. 1. As used in this chapter, "member" means the following:
        (1) An employee or appointee of the department.
        (2) An employee or appointee of the board.
        (3) The superintendent.
        (4) A member of the board.
As added by P.L.2-2003, SEC.2.

IC 10-11-4-2
Civil action against a member
    Sec. 2. If a member is sued for civil damages and the boardadministratively determines that:
        (1) the civil action arose out of an act performed within thescope of the duties of the member; and
        (2) a lack of defense of the civil action by the state wouldprejudice the enforcement of the laws of the state;
the board shall present its written findings to the attorney general.
As added by P.L.2-2003, SEC.2.

IC 10-11-4-3
Representation by attorney general or private counsel
    Sec. 3. (a) Except as provided in subsection (b), if the attorneygeneral finds the board's determination to be supported by substantialevidence, the attorney general shall defend the member in the civilaction.
    (b) The attorney general may authorize the department to hireprivate counsel to defend the member in the civil action.
As added by P.L.2-2003, SEC.2.

IC 10-11-4-4
Administrative determination not evidence in civil action
    Sec. 4. The administrative determination by the board or thedetermination by the attorney general under this chapter may not beadmitted as evidence in the trial of the civil action for damages.
As added by P.L.2-2003, SEC.2.

IC 10-11-4-5
Choice of defense counsel
    Sec. 5. (a) This chapter may not be construed to deprive a memberof the right to select defense counsel of the member's choice at themember's expense.
    (b) This chapter may not be construed to relieve any person fromany responsibility for civil damages.
As added by P.L.2-2003, SEC.2.