895.46 State and political subdivisions thereof to pay judgments taken against officers.

1,103 words·~5 min read·/wi/chapter-895/895-46-3

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

(a)If the defendant in any action or special proceeding is a public officer or employee and is proceeded against in an official capacity or is proceeded against as an individual because of acts committed while carrying out duties as an officer or employee and the jury or the court finds that the defendant was acting within the scope of employment, the judgment as to damages and costs entered against the officer or employee, except as provided in s. 146.89

(4), in excess of any insurance applicable to the officer or employee shall be paid by the state or political subdivision of which the defendant is an officer or employee. Agents of any department of the state shall be covered by this section while acting within the scope of their agency. Regardless of the results of the litigation the governmental unit, if it does not provide legal counsel to the defendant officer or employee, shall pay reasonable attorney fees and costs of defending the action, unless it is found by the court or jury that the defendant officer or employee did not act within the scope of employment. Except as provided in s. 146.89

(4), the duty of a governmental unit to provide or pay for the provision of legal representation does not apply to the extent that applicable insurance provides that representation. If the employing state agency or the attorney general denies that the state officer, employee or agent was doing any act growing out of or committed in the course of the discharge of his or her duties, the attorney general may appear on behalf of the state to contest that issue without waiving the state’s sovereign immunity to suit. Failure by the officer or employee to give notice to his or her department head of an action or special proceeding commenced against the defendant officer or employee as soon as reasonably possible is a bar to recovery by the officer or employee from the state or political subdivision of reasonable attorney fees and costs of defending the action. The attorney fees and expenses shall not be recoverable if the state or political subdivision offers the officer or employee legal counsel and the offer is refused by the defendant officer or employee. If the officer, employee or agent of the state refuses to cooperate in the defense of the litigation, the officer, employee or agent is not eligible for any indemnification or for the provision of legal counsel by the governmental unit under this section.

(am)If a court determines that costs are awardable to an employee or official who has been provided representation by a governmental unit under par.

(a), the court shall award those costs to the unit of government that provided the representation.

(b)Persons holding the office of county sheriff on March 1, 1983, are covered by this subsection. This subsection covers other county sheriffs who have:

1. Satisfactorily completed or are currently enrolled in the preparatory program of law enforcement training under s. 165.85

(a)1. and, if applicable, the recertification programs under s. 165.85

(a)7. , or have provided evidence of equivalent law enforcement training and experience as determined by the law enforcement standards board; or

2. At least 5 years of full-time employment as a law enforcement officer, as defined in s. 165.85

(c).

(c)This subsection does not apply to any action or special proceeding brought by a county against its county sheriff if the action or proceeding is determined in favor of the county.

(d)On and after March 1, 1983, all persons employed as deputy sheriffs, as defined in s. 40.02

(b)3. , are covered by this subsection. The county board shall adopt written policies for payments under this subsection on behalf of any other person, provided that person has satisfied the minimum standards of the law enforcement standards board, who serves at the discretion of the sheriff as a law enforcement officer as defined in s. 165.85

(c), and the county may make the payments upon approval by the county board.

(dm)All security officers employed by the department of military affairs who are deputed under s. 59.26

(4m)are covered by this section while acting within the scope of their duties assigned under s. 59.26

(4m), as if they were state employees acting within the scope of their state employment.

(e)Any nonprofit corporation operating a museum under a lease agreement with the state historical society, and all officers, directors, employees and agents of such a corporation, and any local emergency planning committee appointed by a county board under s. 59.54

(a)and all members of such a committee, are state officers, employees or agents for the purposes of this subsection.

(2)Any town officer held personally liable for reimbursement of any public funds paid out in good faith pursuant to the directions of electors at any annual or special town meeting shall be reimbursed by the town for the amount of the judgment for damages and costs entered against the town officer.

(3)The protection afforded by this section shall apply to any state officer, employee or agent while operating a state-owned vehicle for personal use in accordance with s. 20.916

(7).

(4)The protection afforded by this section applies to members of the board of governors created under s. 619.04

(3), members of a committee or subcommittee of that board of governors, members of the injured patients and families compensation fund peer review council created under s. 655.275

(2), and persons consulting with that council under s. 655.275

(b), with respect to judgments, attorney fees, and costs awarded before, on, or after April 25, 1990.

(5)The protection afforded by this section applies to any of the following:

(a)A volunteer health care provider who provides services under s. 146.89 , except a volunteer health care provider described in s. 146.89

(a), for the provision of those services.

(am)A practitioner who provides services under s. 257.03 and a health care facility on whose behalf services are provided under s. 257.04 .

(b)A physician, physician assistant, or advanced practice registered nurse under s. 251.07 or 252.04

(b).

Effective date note NOTE: Par.

(b)is shown as amended eff. 9-1-26 by 2025 Wis. Act 134 . Prior to 9-1-26 it reads:

Effective date text

(b)A physician, physician assistant, or advanced practice nurse prescriber under s. 251.07 or 252.04

(9)(b).