16.185 Indemnification of State Police officer sued for act or omission in line of

302 words·~1 min read·/ky/16-185

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

duty who suffers financial loss -- Construction of indemnification.

(1)Any officer or individual employed as a Trooper R Class 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

Finance and Administration Cabinet 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 the officer's or the individual employed as a Trooper R Class's

employment 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)If the officer seeking indemnification is the commissioner, the determination

referred to in subsection

(2)of this section shall be made by the Governor.

(4)The indemnification shall not be construed to abrogate or limit any privilege,

immunity, or matter of defense otherwise available to the officer or individual

employed as a Trooper R Class and shall not constitute a waiver of any privilege,

immunity, or matter of defense, including the sovereign immunity of the

Commonwealth.

(5)The indemnification shall not be the subject of comment, directly or indirectly,

before any jury hearing any cause of action in which an officer or individual

employed as a Trooper R Class is a party, and any comment before the jury shall

result in an immediate mistrial.