32-12.1-04. Political subdivision to be named in action - Personal liability of
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/nd/title-32/chapter-32-12-1-governmental-liability/32-12-1-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
employees - Indemnification of claims and final judgments.
1. An action for injuries proximately caused by the alleged negligence, wrongful act, or
omission of an employee of a political subdivision occurring within the scope of the
employee's employment or office shall be brought against the political subdivision. If
there is any question concerning whether the alleged negligence, wrongful act, or
omission occurred within the scope of employment or office of the employee, the
employee may be named as a party to the action and the issue may be tried
separately. A political subdivision must defend the employee until the court determines
the employee was acting outside the scope of the employee's employment or office.
2. An employee shall not be personally liable for money damages for injuries when the
injuries are proximately caused by the negligence, wrongful act, or omission of the
employee acting within the scope of the employee's employment or office.
3. No employee may be held liable in the employee's personal capacity for acts or
omissions of the employee occurring within the scope of the employee's employment
unless the acts or omissions constitute reckless or grossly negligent conduct, or willful
or wanton misconduct. An employee may be personally liable for money damages for
injuries when the injuries are proximately caused by the negligence, wrongful act, or
omission of the employee acting outside the scope of the employee's employment or
office. The plaintiff in such an action bears the burden of proof to show by clear and
convincing evidence that the employee was either acting outside the scope of the
employee's employment or office or the employee was acting within the scope of
employment in a reckless, grossly negligent, willful, or wanton manner. Employees
may be liable for punitive or exemplary damages. The extent to which an employee
may be personally liable pursuant to this section and whether the employee was acting
within the scope of employment or office shall be specifically stated in a final judgment.
4. A political subdivision shall indemnify and save harmless an employee for any claim,
whether groundless or not, and final judgment for any act or omission occurring within
the scope of employment or office of the employee. The indemnification shall be made
in the manner provided by this chapter and shall be subject to the limitations herein.