Indiana Code 12-9.1-3-2. Criminal or civil proceedings against division personnel as result of official acts; defense by state; exceptions
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Sec. 2. (a) If a member, an officer, or an employee of the division is accused of an offense or sued for civil damages because of an act performed:
(2) under the authority or order of a superior officer;
(1) within the course of the individual’s employment; or
Terms Used In Indiana Code 12-9.1-3-2
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
the attorney general shall defend the individual in an action for civil damages. If the action or proceeding is criminal in nature, the governor shall designate counsel to represent and defend the accused, and the state is financially responsible for the expense of the defense.
(b) This section does not do either of the following:
(1) Deprive an individual of the right to select defense counsel of the individual’s choice at the individual’s expense.
(2) Relieve any person from responsibility in civil damages.
As added by P.L.141-2006, SEC.38.