Sec. 1.5. (a) Whenever any state governmental official or employee, whether elected or appointed, is made a party to a suit, and the attorney general determines that said suit has arisen out of an act which such official or employee in good faith believed to be within the scope of the official’s or employee’s duties as prescribed by statute or duly adopted regulation, the attorney general shall defend such person throughout such action.

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Terms Used In Indiana Code 4-6-2-1.5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) Whenever a teacher (as defined in IC 20-18-2-22) is made a party to a civil suit, and the attorney general determines that the suit has arisen out of an act that the teacher in good faith believed was within the scope of the teacher’s duties in enforcing discipline policies developed under IC 20-33-8-12, the attorney general shall defend the teacher throughout the action.

     (c) Not later than July 30 of each year, the attorney general, in consultation with the Indiana education employment relations board established in IC 20-29-3-1, shall draft and disseminate a letter by first class mail to the residence of teachers providing a summary of the teacher’s rights and protections under state and federal law, including a teacher’s rights and protections relating to the teacher’s performance evaluation under IC 20-28-11.5.

     (d) The department of education, in consultation with the Indiana education employment relations board, shall develop a method to provide the attorney general with the names and addresses of active teachers in Indiana in order for the attorney general to disseminate the letter described in subsection (c). Names and addresses collected and provided to the attorney general under this subsection are confidential and excepted from public disclosure as provided in IC 5-14-3-4.

     (e) Whenever a school corporation (as defined in IC 20-26-2-4) is made a party to a civil suit and the attorney general determines that the suit has arisen out of an act authorized under IC 20-30-5-0.5 or IC 20-30-5-4.5, the attorney general shall defend the school corporation throughout the action.

     (f) As used in this subsection, “bridge authority” refers to the New Harmony and Wabash River bridge authority established by IC 8-16-15.5-2. Whenever:

(1) the bridge authority;

(2) a member of the bridge authority;

(3) an officer of the bridge authority; or

(4) an employee of the bridge authority;

is made a party to a civil suit and the attorney general determines that the suit has arisen out of an act or omission of any person described in subdivision (1), (2), (3), or (4), that is authorized or required under IC 8-16-15.5 or any other law, the attorney general shall defend that person throughout the action.

     (g) A determination by the attorney general under subsection (a), (b), (e), or (f) shall not be admitted as evidence in the trial of any such civil action for damages.

     (h) Nothing in this chapter shall be construed to deprive any such person of the person’s right to select counsel of the person’s own choice at the person’s own expense.

Formerly: Acts 1971, P.L.21, SEC.1. As amended by P.L.16-1990, SEC.1; P.L.1-2005, SEC.56; P.L.78-2005, SEC.1; P.L.121-2009, SEC.1; P.L.239-2015, SEC.1; P.L.149-2016, SEC.9; P.L.241-2017, SEC.1; P.L.163-2020, SEC.1; P.L.184-2023, SEC.1.

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