Idaho Code

Idaho Code § 6-903 (2026)

Liability of governmental entities — Defense of employees.

✓ current as of May 2026

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Liability of governmental entities — Defense of employees.

(1) Except as otherwise provided in this act, every governmental entity is subject to liability for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acting within the course and scope of their employment or duties, whether arising out of a governmental or proprietary function, where the governmental entity if a private person or entity would be liable for money damages under the laws of the state of Idaho, provided that the governmental entity is subject to liability only for the pro rata share of the total damages awarded in favor of a claimant which is attributable to the negligent or otherwise wrongful acts or omissions of the governmental entity or its employees. When the claim for damages arises from construction, operation or maintenance of an impoundment, canal, lateral, drain or associated facilities that are under the supervision or control of the operating agency of irrigation districts whose board consists of directors of its member districts, then such board and its member districts shall be considered a single governmental unit and the claim may be brought and pursued only against the operating unit.

(2) (i) A governmental entity shall provide a defense to its employee, including a defense and indemnification against any claims brought against the employee in the employee’s individual capacity when the claims are related to the course and scope of employment, and be responsible for the payment of any judgment on any claim or civil lawsuit against an employee for money damages arising out of any act or omission within the course and scope of his employment; provided that the governmental entity and its employee shall be subject to liability only for the pro rata share of the total damages awarded in favor of a claimant which is attributable to the act or omission of the employee; (ii) provided further, that to the extent there is valid and collectible, applicable insurance or any other right to defense or indemnification legally available to and for the protection of an employee, while operating or using an automobile, aircraft or other vehicle not owned or leased by the governmental entity and while acting within the course and scope of his/her employment or duties, the governmental entity’s duty hereunder to indemnify the employee and/or defend any such claim or lawsuit arising out of the operation or use of such personal automobile, aircraft or vehicle, shall be secondary to the obligation of the insurer or indemnitor of such automobile, aircraft or vehicle, whose obligation shall be primary; and (iii) provided further, this subsection shall not be construed to alter or relieve any such indemnitor or insurer of any legal obligation to such employee or to any governmental entity vicariously liable on account of or legally responsible for damages due to the allegedly wrongful error, omissions, conduct, act or deed of such employee.

(3) The defense of its employee by the governmental entity shall be undertaken whether the claim and civil lawsuit is brought in Idaho district court under Idaho law or is brought in a United States court under federal law. The governmental entity may refuse a defense or disavow and refuse to pay any judgment for its employee if it is determined that the act or omission of the employee was not within the course and scope of his employment or included malice or criminal intent.

(4) A governmental entity shall not be entitled to contribution or indemnification or reimbursement for legal fees and expenses from its employee unless a court shall find that the act or omission of the employee was outside the course and scope of his employment or included malice or criminal intent. Any action by a governmental entity against its employee and any action by an employee against the governmental entity for contribution, indemnification or necessary legal fees and expenses shall be tried to the court in the same civil lawsuit brought on the claim against the governmental entity or its employee.

(5) For the purposes of this act and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment and without malice or criminal intent.

(6) Nothing in this act shall enlarge or otherwise adversely affect the liability of an employee or a governmental entity. Any immunity or other bar to a civil lawsuit under Idaho or federal law shall remain in effect. The fact that a governmental entity may relieve an employee from all necessary legal fees and expenses and any judgment arising from the civil lawsuit shall not under any circumstances be communicated to the trier of fact in the civil lawsuit.

(7) When a claim asserted against an employee in the employee’s individual capacity is dismissed by the court, the dismissed party shall have the right to a hearing pursuant to the provisions of section 12-123, Idaho Code.

Notes of Decisions

Cited in 116 cases (28 in the last 5 years), 1975–2026 · leading case: Chandler Supply Co., Inc. v. City of Boise, 660 P.2d 1323 (Idaho 1983).

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Chandler Supply Co., Inc. v. City of Boise, 660 P.2d 1323 (Idaho 1983). · cites it 76× “I.C. § 6-903(a), as it read in 1976, set forth the basic rule governing the liability of governmental entities in Idaho for tort claims filed against them.”

Jones v. City of St. Maries, 727 P.2d 1161 (Idaho 1986). · cites it 44× “As stated in the "Idaho Tort Claims Act," I.C. § 6-903: "Nothing in this Act shall enlarge or otherwise adversely effect the liability of an employee or a governmental entity.”

Ransom v. City of Garden City, 743 P.2d 70 (Idaho 1987). · cites it 28× “See I.C. § 6-903. However, the Act also provides exceptions to liability in I.”

Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986). · cites it 16× “I.C. § 6-903. Liability is the rule with some specific exceptions.”

Stevens v. Fleming, 777 P.2d 1196 (Idaho 1989). · cites it 30× “Idaho Code § 6-903 (e) provides: (e) For the purposes of this act and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment and without…”

Brooks v. Logan, 903 P.2d 73 (Idaho 1995). · cites it 16× “2d 70, 72 (1987) (citing I.C. § 6-903). The discretionary function exception upon which the District relies states: Exceptions to governmental liability.”

Overman v. Klein, 654 P.2d 888 (Idaho 1982). · cites it 20× “" I.C. § 6-903(a) (emphasis added). The statute further required the government to provide a defense to its employees and to be responsible for the payment of any judgment on any claim against its employees, arising out of any act or omission within the course and scope of their…”

Leliefeld v. Johnson, 659 P.2d 111 (Idaho 1983). · cites it 10× “I.C. § 6-903 also provides that “every governmental entity is subject to liability .”

Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016). · cites it 8× “I.C. § 6-903(1). A. Assault, battery, false arrest, and wrongful imprisonment.”

Hoffer v. City of Boise, 257 P.3d 1226 (Idaho 2011). · cites it 13× “2d 880, 887 (1991) (citing I.C. § 6-903); Doe v. Durtschi, 110 Idaho 466, 471 , 716 P.”

Miller v. Idaho State Patrol, 252 P.3d 1274 (Idaho 2011). · cites it 9× “y for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acting within the course and scope of their employment or duties, whether arising out of a governmental or proprietary function, where the governmental entity if a…”

Harris v. State, Dept. of Health, 847 P.2d 1156 (Idaho 1992). · cites it 8× “§ 6-904A(2) limits the government's potential liability under section 6-903, providing that: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton…”

Show all 116 citing cases →

— Idaho Code § 6-903(1) — 9 cases

Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016). “I.C. § 6-903(1). A. Assault, battery, false arrest, and wrongful imprisonment.”

D.A.F. v. Lieteau & Juv. Corr. Nampa, 456 P.3d 193 (Idaho 2019).

Zimmerman v. City of Lewiston, 302 P.3d 26 (Idaho 2013).

Shubert v. Ada Cnty., 461 P.3d 740 (Idaho 2020).

Ball v. City of Blackfoot, 273 P.3d 1266 (Idaho 2012).

— Idaho Code § 6-903(2) — 1 case

Lee v. Stone (D. Idaho 2025).

— Idaho Code § 6-903(2)(i) — 1 case

Williamson v. Ada Cnty., 509 P.3d 1133 (Idaho 2022).

— Idaho Code § 6-903(3) — 5 cases

Hoffer v. City of Boise, 257 P.3d 1226 (Idaho 2011). “2d 880, 887 (1991) (citing I.C. § 6-903); Doe v. Durtschi, 110 Idaho 466, 471 , 716 P.”

Curtis v. City of Gooding, 844 F. Supp. 2d 1101 (D. Idaho 2012).

Jesse Barber v. City of Idaho Falls (Idaho Ct. App. 2016).

Thomas v. Cassia Cnty. (D. Idaho 2019).

Bauer v. Bonner Cnty. (D. Idaho 2024).

— Idaho Code § 6-903(5) — 2 cases

Jesse Barber v. City of Idaho Falls (Idaho Ct. App. 2016).

Perez v. Jefferson Cnty. (D. Idaho 2023).

— Idaho Code § 6-903(6) — 1 case

Von Lossberg v. State, 506 P.3d 251 (Idaho 2022).

— Idaho Code § 6-903(a) — 31 cases

Chandler Supply Co., Inc. v. City of Boise, 660 P.2d 1323 (Idaho 1983). “I.C. § 6-903(a), as it read in 1976, set forth the basic rule governing the liability of governmental entities in Idaho for tort claims filed against them.”

Jones v. City of St. Maries, 727 P.2d 1161 (Idaho 1986). “As stated in the "Idaho Tort Claims Act," I.C. § 6-903: "Nothing in this Act shall enlarge or otherwise adversely effect the liability of an employee or a governmental entity.”

Ransom v. City of Garden City, 743 P.2d 70 (Idaho 1987). “See I.C. § 6-903. However, the Act also provides exceptions to liability in I.”

Overman v. Klein, 654 P.2d 888 (Idaho 1982). “" I.C. § 6-903(a) (emphasis added). The statute further required the government to provide a defense to its employees and to be responsible for the payment of any judgment on any claim against its employees, arising out of any act or omission within the course and scope of their…”

Miller v. Idaho State Patrol, 252 P.3d 1274 (Idaho 2011). “y for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acting within the course and scope of their employment or duties, whether arising out of a governmental or proprietary function, where the governmental entity if a…”

— Idaho Code § 6-903(b) — 8 cases

Cnty. of Kootenai v. W. Cas. & Sur. Co., 750 P.2d 87 (Idaho 1988).

Shields v. Martin, 706 P.2d 21 (Idaho 1985).

Stevens v. Fleming, 777 P.2d 1196 (Idaho 1989). “Idaho Code § 6-903 (e) provides: (e) For the purposes of this act and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment and without…”

Hoffer v. City of Boise, 257 P.3d 1226 (Idaho 2011). “2d 880, 887 (1991) (citing I.C. § 6-903); Doe v. Durtschi, 110 Idaho 466, 471 , 716 P.”

Conley v. Looney, 790 P.2d 920 (Idaho Ct. App. 1989).

— Idaho Code § 6-903(c) — 11 cases

Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986). “I.C. § 6-903. Liability is the rule with some specific exceptions.”

Hoffer v. City of Boise, 257 P.3d 1226 (Idaho 2011). “2d 880, 887 (1991) (citing I.C. § 6-903); Doe v. Durtschi, 110 Idaho 466, 471 , 716 P.”

Ransom v. City of Garden City, 743 P.2d 70 (Idaho 1987). “See I.C. § 6-903. However, the Act also provides exceptions to liability in I.”

Brooks v. Logan, 903 P.2d 73 (Idaho 1995). “2d 70, 72 (1987) (citing I.C. § 6-903). The discretionary function exception upon which the District relies states: Exceptions to governmental liability.”

Limbert v. Twin Falls Cnty., 955 P.2d 1123 (Idaho Ct. App. 1998).

— Idaho Code § 6-903(d) — 3 cases

Ransom v. City of Garden City, 743 P.2d 70 (Idaho 1987). “See I.C. § 6-903. However, the Act also provides exceptions to liability in I.”

— Idaho Code § 6-903(e) — 9 cases

Pounds v. Denison, 816 P.2d 982 (Idaho 1991).

Ransom v. City of Garden City, 743 P.2d 70 (Idaho 1987). “See I.C. § 6-903. However, the Act also provides exceptions to liability in I.”

— Idaho Code § 6-903(f) — 4 cases

D.A.F. v. Lieteau & Juv. Corr. Nampa, 456 P.3d 193 (Idaho 2019).

Sterling v. Bloom, 723 P.2d 755 (Idaho 1986).

Union Pac. R. Co. v. State of Idaho, 654 F. Supp. 1236 (D. Idaho 1987).

Pritchard v. State, 765 P.2d 136 (Idaho 1988).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.