CHAPTER 2. CONTRACT CLAIMS AGAINST PUBLIC EMPLOYEES

IC 34-13-2
    Chapter 2. Contract Claims Against Public Employees

IC 34-13-2-1
Personal liability on contracts entered into within scope ofemployment
    Sec. 1. A present or former public employee, including a memberof a board, a committee, a commission, an authority, or anotherinstrumentality of a governmental entity, is not personally liable oncontracts entered into within the scope of the employee'semployment for a governmental entity unless it is clearly otherwiseindicated in writing.
As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.1.

IC 34-13-2-2
Defense of state employee for claims or suits arising out ofcontracts
    Sec. 2. If requested to do so, the attorney general shall defend apresent or former state employee against any claim or suit broughtagainst the state employee with regard to a contract entered into forthe employee's governmental entity. The attorney general mayemploy other counsel to aid in defending or settling the claim or suit.
As added by P.L.1-1998, SEC.8.

IC 34-13-2-3
Judgment or settlement as bar to action against employee;judgments for claims against employee acting within scope ofemployment; costs and fees
    Sec. 3. (a) A judgment rendered with respect to or a settlementmade by a governmental entity bars an action by the claimant againstan employee whose conduct gave rise to the claim resulting in thatjudgment 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 ofthe employee's employment; and
        (2) the:
            (A) governor, in the case of a claim or suit against a stateemployee; or
            (B) the governing body of the political subdivision, in thecase of a claim or suit against an employee of a politicalsubdivision;
        determines that paying the judgment, compromise, or settlementis in the best interest of the governmental entity.
    (c) The governmental entity shall pay all costs and fees incurredby or on behalf of an employee in defense of a claim or suit for a lossoccurring because of acts or omissions within the scope of theemployee's employment, regardless of whether the employee can orcannot 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 ofthe United States;
        (2) consent by the state of Indiana or its employees to be suedin any federal court; or
        (3) consent to be sued in any state court beyond the boundariesof Indiana.
As added by P.L.1-1998, SEC.8.