Sec. 5-141d. Indemnification of state officers and employees. Duties of Attorney General. Legal fees and costs. Enforcement action. Exceptions. - Connecticut Statutes

      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 same counsel.

      (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.

      Cited. 221 C. 346. Plaintiffs in their role as foster parents were "employees" of the state as that form is used in this section. 238 C. 146. Judgment creditors of state employee or officer are not within protected zone of interests. 264 C. 538. State's sovereign immunity from suit is not waived. Id. Section waives state's immunity from liability but not from suit. 265 C. 350.

      Subsec. (d):

      Because Subsec. affects substantive rights and imposes new obligations on the state by waiving state's sovereign immunity and there is no indication of any legislative intent that it should be applied retroactively, it may be applied prospectively only. 100 CA 255.