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Subdivision 1.Costs in defense of legal action.
On and after the passage of Laws 1937, chapter 442, every city, town, or county of this state employing sheriffs, police officers, or peace officers shall be required to furnish legal counsel to defend any sheriff, deputy sheriff, police officer, or peace officer employed by any such governmental subdivision in all actions brought against such officer to recover damages for alleged false arrest or alleged injury to person, property or character, when such alleged false arrest or alleged injury to person, property or character was the result of an arrest made by such officer in good faith and in the performance of official duties and pay the reasonable costs and expenses of defending such suit, including witness fees and reasonable counsel fees, notwithstanding any contrary provisions in the laws of this state or in the charter of any such governmental subdivision.
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Subd. 2.Costs in defense of civilian complaints.
A home rule charter or statutory city, town, or county that establishes a peace officer civilian review authority to review civilian complaints about alleged peace officer misconduct shall pay the reasonable costs of legal counsel and reasonable fees incurred by the officer in defending against a complaint after a finding that the complaint is sustained by the authority, and if the complaint is subsequently not upheld. If a complaint against a peace officer is sustained, no payment may be made under this subdivision.
Notes of Decisions
Bicking v. City of Minneapolis, 891 N.W.2d 304 (Minn. 2017).
· cites it 8× “466 (2016), which impose obligations on municipalities to defend and indemnify an employee acting within the scope of the employee’s job duties, and Minn. Stat. § 471.44 (2016), which imposes a similar requirement on municipalities that is specific, among others, to police…”
Anderson v. Medtronic, Inc., 382 N.W.2d 512 (Minn. 1986).
· cites it 4× “, Minn.Stat. §§ 471.44; 549.21 (1984). The term "costs" as used in statutes is not ordinarily understood to include attorney fees.”
Douglas v. City of Minneapolis, 230 N.W.2d 577 (Minn. 1975).
· cites it 8× “) As is apparent, § 471.44 imposes a mandatory duty on a municipality to furnish legal counsel to defend a police officer in an action for damages if the municipality finds that the officer acted in good faith and in the performance of his duties.”
In re Def. & Indemnification of Alexander Vladimir Brown (Minn. Ct. App. 2025).
· cites it 8× “Lastly, Brown argues for the first time on appeal that he is entitled to defense and indemnification under Minnesota Statutes section 471.44, subdivision 1 (2024). 15 But Brown did not cite that statute in his memorandum supporting his request for defense and indemnification,…”
Graco, Inc. v. City of Minneapolis, 925 N.W.2d 262 (Minn. Ct. App. 2019).
· cites it 2× “A state statute may expressly permit something even without using "permissive" language. By providing that "every large employer must pay each employee wages at a rate of at least" the statewide minimum wage, see Minn.”
Op. Atty. Gen. 442a-1 (Minn. Att'y Gen. 1996).
· cites it 2× “Likewise, Minn. Stat. § 471.44 (1994) requires defense of a peace officer in an action to recover "damages" arising out of an arrest made in good faith by the officer or in connection with defense of unfounded David K.”
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