Sec. 1. If a present or former public employee,
including a member of a board, a committee, a commission, an
authority, or another instrumentality of a governmental entity, is or
could be subject to personal civil liability for a loss occurring because
of a noncriminal act or omission within the scope of the public
employee's employment which violates the civil rights laws of the
United States, the governmental entity (when the governmental entity
defends or has the opportunity to defend the public employee) shall,
subject to IC 34-13-3-4, IC 34-13-3-14, IC 34-13-3-15, and IC 34-13-3-16, pay:
(1) any judgment (other than for punitive damages) of the claim
or suit; or
(2) any judgment for punitive damages, compromise, or
settlement of the claim or suit if:
(A) the governor, in the case of a claim or suit against a state
employee; or
(B) the governing body of the political subdivision, in the case
of a claim or suit against an employee of a political subdivision;
determines that paying the judgment for punitive damages,
compromise, or settlement is in the best interest of the governmental
entity. The governmental entity shall also pay all costs and fees
incurred by or on behalf of a public employee in defense of the claim
or suit.
[Pre-1998 Recodification Citation: 34-4-16.7-1 part.]
As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001,
SEC.4; P.L.161-2003, SEC.8.
Notes of Decisions
Est. of Moreland v. Dieter, 576 F.3d 691 (7th Cir. 2009).
· cites it 12× “Indiana Code § 34-13-4-1 1 Section 34-13^4-1 of the Indiana Code relates to indemnification for civil rights claims against public employees.”
Scott Robinett v. City of Indianapolis, 894 F.3d 876 (7th Cir. 2018).
· cites it 4× “Robinett then asked the judge to order the City to pay his attorney’s fees and costs under Indiana Code § 34-13-4-1, a public-employee indemnification statute.”
City of Muncie v. Peters, 709 N.E.2d 50 (Ind. Ct. App. 1999).
· cites it 2× “7-1 has been amended and re-codified at Ind.Code § 34-13-4-1. 2 . In the breach of contract claim, Peters alleged that the City breached its employment agreement by failing to provide him with training and education concerning the handling and confrontation of suspected…”
Kailee M. Smith & Jeffrey S. McQuary v. State of Indiana, 122 N.E.3d 991 (Ind. Ct. App. 2019).
· cites it 10× “The State of Indiana is required to pay the judgment, costs, and attorneys['] fees assessed against Johnson pursuant to Ind. Code § 34-13-4-1 . 18. The Court should declare the rights of McQuary, [Kailee], and the State of Indiana regarding Johnson's right to indemnification.”
Austin v. Niblick, 626 F. App'x 167 (7th Cir. 2015).
· cites it 2× “7-1 (1997) (it has since been amended and renumbered Ind.Code § 34-13-4-1 (2015)), and a city ordinance, Fort Wayne, Ind.”
Beamon v. Hamed (N.D. Ind. 2021).
· cites it 6× “The plaintiff filed a claim for indemnification pursuant to Ind. Code § 34-13-4-1 , asking that the state of Indiana be found liable for any judgment that the plaintiff obtains, as well as attorney fees and costs.”
D.L. ex rel. D.L. v. Huck, 984 N.E.2d 223 (Ind. Ct. App. 2013).
· cites it 2× “They point to a statute that requires entities to pay for judgments resulting from the violation of civil rights by their employees, Indiana Code section 34-13-4-1. However, that statute applies to employees who are “or could be subject to personal civil liability” for the loss.”
Gregory v. Zimmerman (N.D. Ind. 2023).
· cites it 4× “] The authority Gregory cites in support of indemnification is an Indiana statute, Indiana Code §34-13-4-1: If a present or former public employee.”
— Ind. Code § 34-13-4-1(2)(A) — 1 case
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