Sec. 3. (a) A judgment rendered with respect to or a settlement made by a governmental entity bars an action by the claimant against an employee whose conduct gave rise to the claim resulting in that judgment or settlement. (b) The governmental entity shall pay any judgment, compromise, or settlement of a claim or suit against an employee when: (1) the act or omission causing the loss is within the scope of the employee's employment; and (2) the: (A) governor, in the case of a claim or suit against a state employee; or (B) the governing body of the political subdivision, in the case of a claim or suit against an employee of a political subdivision; determines that paying the judgment, compromise, or settlement is in the best interest of the governmental entity. (c) The governmental entity shall pay all costs and fees incurred by or on behalf of an employee in defense of a claim or suit for a loss occurring because of acts or omissions within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss. (d) This chapter shall not be construed as: (1) a waiver of the eleventh amendment to the Constitution of the United States; (2) consent by the state of Indiana or its employees to be sued in any federal court; or (3) consent to be sued in any state court beyond the boundaries of Indiana. [Pre-1998 Recodification Citation: 34-4-16.6-3.] IC 34-13-3 Chapter 3. Tort Claims Against Governmental Entities and Public Employees 34-13-3-0.1 Application of certain amendments to chapter 34-13-3-0.2 Application of certain amendments to prior law 34-13-3-1 Applicability of chapter 34-13-3-2 Applicability of chapter 34-13-3-2.3 Applicability of chapter to NCSL 2020 Legislative Summit host committee 34-13-3-2.5 Applicability of chapter to certain claims or suit in tort against a postsecondary educational institution 34-13-3-3 Immunity of governmental entity or employee 34-13-3-4 Limitation on aggregate liability; punitive damages prohibited 34-13-3-5 Actions against individual members not authorized; judgment against or settlement by governmental entity 34-13-3-6 Notice to attorney general and state agency involved 34-13-3-7 Administrative claim for inmate's recovery of property 34-13-3-8 Claims against political subdivisions; notice requirement 34-13-3-9 Incapacitated plaintiffs; notice requirement 34-13-3-10 Notice requirement; form of statement 34-13-3-11 Approval or denial of claim by government entity 34-13-3-12 Notice requirements; service 34-13-3-13 Denial of claim as prerequisite to suit 34-13-3-14 Compromise or settlement of claim by governor 34-13-3-15 Attorney general; powers and duties 34-13-3-16 Compromise or settlement of claim by political subdivision 34-13-3-17 Enforcement of judgments against governmental entities 34-13-3-18 Time for payment of claim or judgment; interest rate 34-13-3-19 Applicability of IC 34-13-3-18 ; settlement 34-13-3-20 Liability insurance; prohibitions 34-13-3-21 Attorney's fees; allowance to governmental entity; action for abuse of process 34-13-3-22 Persons or entities considered political subdivisions 34-13-3-23 Structured settlement; discharge; limits 34-13-3-24 Appropriations for payment of claims and expenses 34-13-3-25 Presentation of vouchers and issuance of warrants for appropriations
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