Rhode Island General Laws

R.I. Gen. Laws § 9-31-8 (2026)

Defense of state employees — Attorney general

✓ current as of July 2026

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Except as provided in § 9-31-9, the attorney general shall, upon a written request of an employee or former employee of the state of Rhode Island, defend any action brought against the state employee or former state employee, on account of an act or omission that occurred within the scope of his or her employment with the state.

Notes of Decisions

Cited in 3 cases, 2001–2018 · leading case: State of Rhode Island, by & through Attorney Gen. Peter Kilmartin v. Rhode Island Troopers Ass'n, 187 A.3d 1090 (R.I. 2018).

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State of Rhode Island, by & through Attorney Gen. Peter Kilmartin v. Rhode Island Troopers Ass'n, 187 A.3d 1090 (R.I. 2018). · cites it 10× “" The Attorney General's refusal to provide a defense to Trooper Taylor in his individual capacity was based on the Attorney General's determination that Trooper Taylor's conduct fell "outside the scope of his employment" and amounted to willful misconduct in accordance with §§…”

Mottola v. Cirello, 789 A.2d 421 (R.I. 2002). · cites it 5× “—(a) The state reserves the right to determine whether or not it will indemnify any employees defended pursuant to §§ 9-31-8 — 9-31-11, if a judgment is rendered against the employee.”

Martinelli v. Hopkins, 787 A.2d 1158 (R.I. 2001). “Before trial, the town moved for partial summary judgment, contending that the $100,000 statutory cap provided by § 9-31-8 was applicable. At first, the plaintiffs counsel objected to the town’s motion, but he later withdrew his objection.”

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