<br><br>16.185 Indemnification of State Police officer sued for act or omission in line of <br>duty who suffers financial loss -- Construction of indemnification. <br>(1) Any officer or individual employed as a Trooper R Class who is sued for any act or <br>omission in the line of duty and who has a judgment for monetary damages <br>rendered against him or her in his or her individual capacity, and who personally <br>suffers actual financial loss, unreimbursed from any source, by the enforcement and <br>satisfaction of the judgment, including any costs or attorney fees awarded pursuant <br>thereto, shall be indemnified by the Commonwealth, from funds appropriated to the <br>Finance and Administration Cabinet for the payment of judgments, to the extent of <br>his or her actual financial loss. <br>(2) The indemnification shall be contingent upon an express determination by the <br>commissioner that the act or omission which resulted in liability was within the <br>scope and course of the officer's or the individual employed as a Trooper R Class's <br>employment and occurred during the performance of duty and was committed or <br>omitted in the good faith belief that the act or omission was lawful and proper. <br>(3) If the officer seeking indemnification is the commissioner, the determination <br>referred to in subsection (2) of this section shall be made by the Governor. <br>(4) The indemnification shall not be construed to abrogate or limit any privilege, <br>immunity, or matter of defense otherwise available to the officer or individual <br>employed as a Trooper R Class and shall not constitute a waiver of any privilege, <br>immunity, or matter of defense, including the sovereign immunity of the <br>Commonwealth. <br>(5) The indemnification shall not be the subject of comment, directly or indirectly, <br>before any jury hearing any cause of action in which an officer or individual <br>employed as a Trooper R Class is a party, and any comment before the jury shall <br>result in an immediate mistrial. <br>Effective: June 25, 2009 <br>History: Amended 2009 Ky. Acts ch. 59, sec. 10, effective June 25, 2009. -- Amended <br>2007 Ky. Acts ch. 85, sec. 68, effective June 26, 2007. -- Created 1990 Ky. Acts <br>ch. 161, sec. 1, effective July 13, 1990. <br><br>