Table of Contents
STATE EMPLOYEES' BENEFITS AND PROTECTIONS
Sec. 5-141d. Indemnification of state officers and employees. Duties of Attorney General. Legal fees and costs. Enforcement action. Exceptions.
Sec. 5-141d. Indemnification of state officers and employees. Duties of Attorney General. Legal fees and costs. Enforcement action. Exceptions. (a) The state
shall save harmless and indemnify any state officer or employee, as defined in section
4-141, and any member of the Public Defender Services Commission from financial
loss and expense arising out of any claim, demand, suit or judgment by reason of his
alleged negligence or alleged deprivation of any person's civil rights or other act or
omission resulting in damage or injury, if the officer, employee or member is found to
have been acting in the discharge of his duties or within the scope of his employment
and such act or omission is found not to have been wanton, reckless or malicious.
(b) The state, through the Attorney General, shall provide for the defense of any
such state officer, employee or member in any civil action or proceeding in any state
or federal court arising out of any alleged act, omission or deprivation which occurred
or is alleged to have occurred while the officer, employee or member was acting in the
discharge of his duties or in the scope of his employment, except that the state shall not
be required to provide for such a defense whenever the Attorney General, based on his
investigation of the facts and circumstances of the case, determines that it would be
inappropriate to do so and he so notifies the officer, employee or member in writing.
(c) Legal fees and costs incurred as a result of the retention by any such officer,
employee or member of an attorney to defend his interests in any such civil action or
proceeding shall be borne by the state only in those cases where (1) the Attorney General
has stated in writing to the officer, employee or member, pursuant to subsection (b) of
this section, that the state will not provide an attorney to defend the interests of the
officer, employee or member, and (2) the officer, employee or member is thereafter
found to have acted in the discharge of his duties or in the scope of his employment,
and not to have acted wantonly, recklessly or maliciously. Such legal fees and costs
incurred by such officer, employee or member shall be paid to such officer, employee
or member only after the final disposition of the suit, claim or demand and only in such
amounts as shall be determined by the Attorney General to be reasonable. In determining
whether such amounts are reasonable, the Attorney General may consider whether it
was appropriate for a group of officers, employees or members to be represented by the
(d) Such officer, employee or member may bring an action in the Superior Court
against the state to enforce the provisions of this section.
(e) The provisions of this section shall not be applicable to any such officer, employee or member to the extent he has a right to indemnification under any other section
of the general statutes.
(P.A. 83-464, S. 3, 5; P.A. 05-114, S. 3.)
History: P.A. 05-114 made technical changes in Subsec. (c), added new Subsec. (d) re Superior Court action to enforce
section, redesignated existing Subsec. (d) as Subsec. (e) and made technical changes therein.