IC 10-11-4
Chapter 4. Defense of Employees in Civil Actions; Duties of
Attorney 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 board
administratively determines that:
(1) the civil action arose out of an act performed within the
scope of the duties of the member; and
(2) a lack of defense of the civil action by the state would
prejudice 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 attorney
general finds the board's determination to be supported by substantial
evidence, the attorney general shall defend the member in the civil
action.
(b) The attorney general may authorize the department to hire
private 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 the
determination by the attorney general under this chapter may not be
admitted 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 member
of the right to select defense counsel of the member's choice at the
member's expense.
(b) This chapter may not be construed to relieve any person from
any responsibility for civil damages. As added by P.L.2-2003, SEC.2.
IC 10-11-4
Chapter 4. Defense of Employees in Civil Actions; Duties of
Attorney 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 board
administratively determines that:
(1) the civil action arose out of an act performed within the
scope of the duties of the member; and
(2) a lack of defense of the civil action by the state would
prejudice 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 attorney
general finds the board's determination to be supported by substantial
evidence, the attorney general shall defend the member in the civil
action.
(b) The attorney general may authorize the department to hire
private 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 the
determination by the attorney general under this chapter may not be
admitted 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 member
of the right to select defense counsel of the member's choice at the
member's expense.
(b) This chapter may not be construed to relieve any person from
any responsibility for civil damages. As added by P.L.2-2003, SEC.2.
IC 10-11-4
Chapter 4. Defense of Employees in Civil Actions; Duties of
Attorney 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 board
administratively determines that:
(1) the civil action arose out of an act performed within the
scope of the duties of the member; and
(2) a lack of defense of the civil action by the state would
prejudice 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 attorney
general finds the board's determination to be supported by substantial
evidence, the attorney general shall defend the member in the civil
action.
(b) The attorney general may authorize the department to hire
private 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 the
determination by the attorney general under this chapter may not be
admitted 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 member
of the right to select defense counsel of the member's choice at the
member's expense.
(b) This chapter may not be construed to relieve any person from
any responsibility for civil damages. As added by P.L.2-2003, SEC.2.
