49-6-4211 - Defense of school personnel by LEA Indemnity. - Tennessee Statutes

49-6-4211. Defense of school personnel by LEA Indemnity.

(a)  The LEA shall defend principals and teachers against whom suit is brought on account of any action taken in accordance with this part if:

     (1)  The employees cooperate in the defense of the suit; and

     (2)  In the opinion of the LEA, the actions taken were not the result of willful, wanton or malicious wrongdoing.

(b)  Each LEA shall indemnify principals and teachers from judgment against them if:

     (1)  The judgments result from actions or omissions arising out of performance of the duties imposed by this part and do not result from willful, wanton or malicious wrongdoing; and

     (2)  The employees have cooperated with the LEA in the defense of the suit.

(c)  This section shall not be construed to indicate any waiver by the state of sovereign immunity or to make the state any insurer of the public officials mentioned in this section.

[Acts 1981, ch. 368, § 2; T.C.A., § 49-9-412.]