Nev. Rev. Stat. » NRS: CHAPTER 41 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS
Nevada Revised Statutes

Nev. Rev. Stat. § 41.0349 (2026)

Indemnification of present or former public officer, employee, immune contractor or State Legislator

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NRS 41.0349  Indemnification of present or former public officer, employee, immune contractor or State Legislator.  In any civil action brought against any present or former officer, employee, immune contractor, member of a board or commission of the State or a political subdivision or State Legislator, in which a judgment is entered against the person based on any act or omission relating to the person’s public duty or employment, the State or political subdivision shall indemnify the person unless:

      1.  The person failed to submit a timely request for defense;

      2.  The person failed to cooperate in good faith in the defense of the action;

      3.  The act or omission of the person was not within the scope of the person’s public duty or employment; or

      4.  The act or omission of the person was wanton or malicious.

      (Added to NRS by 1979, 1735; A 1987, 543)

     

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1981–2023 · leading case: ASAP Storage, Inc. v. City of Sparks, 173 P.3d 734 (Nev. 2007).
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ASAP Storage, Inc. v. City of Sparks, 173 P.3d 734 (Nev. 2007). · cites it 12× “My views on this subject are underscored by NRS 41.0349, which provides that government employees, including employees of political subdivisions such as this respondent, must be indemnified by their government masters for wrongs committed in the course of their public…”
Bd. of the Cnty. Commissioners of Bryan Cnty. v. Brown, 520 U.S. 397 (1997). · cites it 2× “§ 2 -9—305 (1994); Nev. Rev. Stat. § 41.0349 (1989); N. H. Rev.”
Cion Peralta v. T. Dillard, 744 F.3d 1076 (9th Cir. 2014). · cites it 2× “§ 2-9-305 ; Nev. Rev. Stat. § 41.0349 ; Or. Rev. Stat.”
City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981). · cites it 2× “[30] A number of state statutes requiring municipal corporations to indemnify their employees for adverse judgments rendered as a result of performance of governmental duties specifically exclude indemnification for malicious or willful misconduct by the employees.”
Miguel A. Figueroa-Rodriguez v. Jorge L. Aquino, 863 F.2d 1037 (1st Cir. 1988). “06 (1981); Nev.Rev.Stat. § 41.0349 (1979); N.H.Rev.Stat.”
Peters v. Cox, 341 F. Supp. 3d 1192 (D. Nev. 2018). · cites it 2× “…to have acted maliciously, as Plaintiffs propose the Court rule as a sanction, she will not in fact be indemnified. Nev. Rev. Stat. § 41.0349 (4).”
Lobato v. Las Vegas Metro. Police Dep't, No. 2:19-cv-01273 (D. Nev. Sept. 1, 2022). · cites it 2× “Indemnification in the state of Nevada is governed by NRS 41.0349, 23 which provides that 24 In a civil action brought against any present or former officer .”
Coache v. Las Vegas Metro. Police Dep't, No. 2:21-cv-01334 (D. Nev. Sept. 30, 2023). “This appears to reference Nevada Revised Statute § 41.0349, which 28 provides for the indemnification of state officers after their losses in civil suits, which does not apply under the facts of this case.”
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