IC 34-13-4
    Chapter 4. Civil Rights Claims Against Public Employees

IC 34-13-4-1
Personal civil liability under civil rights laws of employee actingwithin scope of employment
    Sec. 1. If a present or former public employee, including amember of a board, a committee, a commission, an authority, oranother instrumentality of a governmental entity, is or could besubject to personal civil liability for a loss occurring because of anoncriminal act or omission within the scope of the publicemployee's employment which violates the civil rights laws of theUnited States, the governmental entity (when the governmental entitydefends or has the opportunity to defend the public employee) shall,subject to IC 34-13-3-4, IC 34-13-3-14, IC 34-13-3-15, andIC 34-13-3-16, pay:
        (1) any judgment (other than for punitive damages) of the claimor suit; or
        (2) any judgment for punitive damages, compromise, orsettlement of the claim or suit if:
            (A) the 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 for punitive damages,compromise, or settlement is in the best interest of the governmentalentity. The governmental entity shall also pay all costs and feesincurred by or on behalf of a public employee in defense of the claimor suit.
As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.4;P.L.161-2003, SEC.8.

IC 34-13-4-2
Defending state employee for claims or suits arising under civilrights laws
    Sec. 2. If requested to do so, the attorney general shall defend apresent or former state employee against a claim or suit under section1 of this chapter. The attorney general may employ other counsel toaid in defending or settling the claim or suit.
As added by P.L.1-1998, SEC.8.

IC 34-13-4-3
Chapter as not waiving eleventh amendment
    Sec. 3. 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 boundaries

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

IC 34-13-4-4
Attorney's fees; allowance to governmental entity; action for abuseof process
    Sec. 4. In any action brought against a governmental entity undercivil rights laws of the United States, the court may allow attorney'sfees as part of the costs to the governmental entity prevailing asdefendant if it finds that plaintiff:
        (1) brought the action on a claim that is frivolous, unreasonable,or groundless;
        (2) continued to litigate the action after plaintiff's claim clearlybecame frivolous, unreasonable, or groundless; or
        (3) litigated its action in bad faith.
This award of fees does not prevent a governmental entity frombringing an action against the plaintiff for abuse of process arisingin whole or in part on the same facts, but the defendant may notrecover attorney's fees twice.
As added by P.L.1-1998, SEC.8.