Nebraska Revised Statute 81-8,239.06

Chapter 81 Section 8,239.06

81-8,239.06.

Civil action against state officer or employee; Attorney General; represent; cooperation required; payment for defense; when required.

(1) If any civil action is brought against any state officer or employee, such state official or employee may file a written request for counsel with the Attorney General asserting that such civil action is based in fact upon an alleged act or omission in the course and scope of employment. If any state officer or employee is requested to appear before a tribunal and the state may have an interest, such state official or employee may file a written request for representation at the tribunal by the Attorney General asserting that the request to appear is based upon an alleged act or omission in the course and scope of employment. The Attorney General shall thereupon appear and defend or represent that person unless after investigation he or she finds that the claim or demand does not arise out of an alleged act or omission occurring in the course and scope of employment or that the act or omission complained of amounted to malfeasance in office or willful or wanton neglect of duty, in which case the Attorney General shall give that person written notice that defense of the claim or representation before the tribunal has been rejected.

(2) Any official or employee of the state against whom a claim is made or of whom an appearance is requested, which is not rejected by the Attorney General pursuant to subsection (1) of this section, shall cooperate fully with the Attorney General in the defense of such claim or in the appearance. If the Attorney General determines that such official or employee has not cooperated or has otherwise acted to prejudice the defense of the claim or the appearance, the Attorney General may at any time reject the defense of the claim or representation before the tribunal.

(3) If the Attorney General rejects the defense of a claim pursuant to subsection (1) of this section or if it is established by the judgment ultimately rendered on the claim that the act or omission complained of was not in the course or scope of employment or amounted to willful or wanton neglect of duty, no public money shall be paid in settlement of such claim or in payment of any judgment against such official or employee. Such action by the Attorney General shall not prejudice the right of the state official or employee to assert and establish as a defense that the claim arose out of an alleged act or omission occurring in the course and scope of employment or that the act or omission complained of did not amount to malfeasance in office or willful wanton neglect of duty. If the official or employee is successful in asserting such defense, he or she shall be indemnified for the reasonable costs of defending the claim.

(4) If a state official or employee has been defended by the Attorney General and it is established by the judgment ultimately rendered on the claim that the act or omission complained of was not covered by section 81-8,239.05, the judgment against that person shall provide for payment to the state of the state's costs, including a reasonable attorney's fee.

Source

  • Laws 1981, LB 273, § 28;
  • Laws 1986, LB 1208, § 4;
  • Laws 1989, LB 77, § 4.