Indiana Code 8-23-16-2. Application of chapter

Sec. 2. Subject to IC 34-13-2, IC 34-13-3, and IC 34-13-4, this chapter applies when a member of the department is sued for civil damages and:

(1) the department administratively determines that the civil action arose out of an act performed within the scope of the duties of the member; and

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Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
member: means all employees and appointees of the department. See Indiana Code 8-23-16-1

(2) a lack of defense of the action by the state would prejudice the construction, maintenance, or administration of state highways.

As added by P.L.18-1990, SEC.225. Amended by P.L.1-1998, SEC.92.