150.097 Indemnification by the Commonwealth of game warden who is sued in his
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/ky/150-097A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
or her individual capacity and personally suffers financial loss --
Indemnification contingent upon findings that the act or omission which
resulted in liability was lawful and proper and within the officer's scope and
course of employment -- Indemnification does not abrogate, limit, or constitute
a waiver of any privilege, immunity, or matter of defense otherwise available
to the game warden.
(1)Any game warden who is sued for any act or omission in the line of duty and who
has a judgment for monetary damages rendered against him or her in his or her
individual capacity, and who personally suffers actual financial loss, unreimbursed
from any source, by the enforcement and satisfaction of the judgment, including
any costs or attorney fees awarded pursuant thereto, shall be indemnified by the
Commonwealth, from funds appropriated to the fish and game fund for the payment
of judgments, to the extent of his or her actual financial loss.
(2)The indemnification shall be contingent upon an express determination by the
commissioner that the act or omission which resulted in liability was within the
scope and course of employment of the game warden, and occurred during the
performance of duty, and was committed or omitted in the good faith belief that the
act or omission was lawful and proper.
(3)The indemnification shall not be construed to abrogate or limit any privilege,
immunity, or matter of defense otherwise available to the game warden and shall
not constitute a waiver of any privilege, immunity, or matter of defense, including
the sovereign immunity of the Commonwealth.