Ark. Code Ann. » Title 21 Chapter 09
Arkansas Code Annotated

Ark. Code Ann. § 21-9-304 (2020)

Indemnification by state for certain actions

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. When any city of the first class, city of the second class, incorporated town, county, and its employees are called upon to assist the state and its employees and, as a result, are sued for their actions performed under the supervision of a state official or employee, the Attorney General shall defend the city of the first class, city of the second class, incorporated town, county, and its employees.
  2. Should a judgment be rendered against the city of the first class, city of the second class, incorporated town, county, or its employees, the state shall pay actual, but not punitive, damages adjudged by a state or federal court, or entered by the court as a result of a compromise settlement approved and recommended by the Attorney General, based on an act or omission by the officer or employee while acting without malice and in good faith within the course and scope of his or her employment and in performance of his or her official duties.
    1. When cities of the first class, cities of the second class, incorporated towns, counties, and their employees are covered by any contract of insurance providing for legal defense, the cities of the first class, cities of the second class, incorporated towns, counties, their employees, and their insurers are not entitled to legal defense by the Attorney General.
    2. Any judgment rendered against the cities of the first class, cities of the second class, incorporated towns, counties, their employees, or their insurers shall be paid by the state only to the extent that the judgment amount exceeds the limits of liability established in the contract of insurance.

History. Acts 1983, No. 711, § 1; A.S.A. 1947, § 12-3407; Acts 1987, No. 820, § 1.

Research References

U. Ark. Little Rock L.J.

Survey — Miscellaneous, 10 U. Ark. Little Rock L.J. 593.

Chapter 10 Uniform Facsimile Signatures of Public Officials Act

Effective Dates. Acts 1983, No. 564, § 2: Mar. 21, 1983. Emergency clause provided: “It is hereby found and determined that the provisions of recently enacted federal legislation, including the Tax Equity and Fiscal Responsibility Act of 1982, have created a serious uncertainty as to the manner in which public securities, including bonds, notes, certificates of indebtedness or other obligations for the payment of money, issued by the State of Arkansas or by any of its departments, agencies, or other instrumentalities or by any of its political subdivisions, should be executed and that such uncertainty threatens to delay projects being financed by such securities and to make such financings more expensive, thereby jeopardizing the ability of residents of the State of Arkansas to realize the benefits to be obtained from such projects, and it is further found that the immediate passage of this Act is necessary to resolve such uncertainties and to assist citizens of the State of Arkansas in obtaining the benefits from such projects. Therefore, an emergency is declared to exist, and this Act, being necessary for the immediate preservation of the public peace, health and safety of the citizens of the State of Arkansas, shall be in full force and effect from and after its passage and approval.”

Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Bates v. Simpson, No. 5:19-cv-05014 (W.D. Ark. Apr. 15, 2019).
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Bates v. Simpson, No. 5:19-cv-05014 (W.D. Ark. Apr. 15, 2019). · cites it 4× “Bates has brought only one count against the City—Count X—alleging that Ark. Code Ann. § 21-9-304 requires the City to pay all judgments and settlements entered against the individual Bentonville Defendants for the other nine claims.”
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