The state shall defend any employee, and shall indemnify and hold harmless an employee of the state in any action commenced in federal court under 42 U.S.C. §1983 against the employee for acts of the employee while acting in the scope of employment. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee ifthe employee failsto cooperate in the investigation or defense of the claim or demand, or if,in an action commenced by the state against the employee, it isdetermined that the conduct of the employee upon which the claim or demand was based constituted a willful and wanton act or omission or malfeasance in office. C93, §669.22
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