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75-6109. Same; indemnification of employee acting within scope of employment; no punitive or exemplary damages; recovery or defense costs by governmental entity. Except as otherwise provided in the Kansas [tort] claims act, a governmental entity is liable, and shall indemnify its employees against damages, for injury or damage proximately caused by an act or omission of an employee while acting within the scope of his or her employment. A governmental entity shall not be liable under the provisions of this act for any punitive or exemplary damages against an employee, nor for payment of any costs, judgments or settlements which are paid through an applicable contract or policy of insurance. The governmental entity shall have the right to recover any payments made by it for any judgment, or portion thereof, and costs or fees incurred by or on behalf of an employee's defense if the employee fails to cooperate in good faith in the defense of the claim or action or if the trier of fact finds that the act or omission of the employee was because of such employee's actual fraud or actual malice.

History: L. 1979, ch. 186, ยง 9; July 1.

Law Review and Bar Journal References:

"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299, 310 (1979).

"Constitutional Law: Governmental Immunity Statute Violates Equal Protection as Applied to Kansas Turnpike Authority," Robert G. Martin, 19 W.L.J. 581 (1980).

"The Kansas Tort Claims Act and School Districts," Susan C. Jacobson, 28 K.L.R. 619, 623, 626 (1980).

"Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449 (1981).

"Governmental Liability: A Review of Judicial Decisions Applying the Kansas Tort Claims Act," Steven Reed Sanford, 24 W.L.J. 499, 510 (1985).

"Representing Government Officials in Both Their Individual and Official Capacities in Section 1983 Actions After Johnson v. Board of County Commissioners," Ann M. Scarlett, 45 K.L.R. 1327 (1997).

"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).

"The Potential Civil Liability of Law Enforcement Officers and Agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).

"Governmental and Official Immunity for School Districts and Their Employees: Alive and Well?," Peter J. Maher, Kelly Price and Perry A. Zirkel, 19 Kan. J. L. & Pub Pol'y, No. 2, 234 (2010).

Attorney General's Opinions:

University of Kansas institutional review boards are covered by tort claims act. 81-139.

Insurance; health care provider insurance; health care provider insurance availability plan; governing board; Kansas tort claims act; advisory committee. 85-21.

Kansas tort claims act; indemnification of employee acting within scope of employment; inapplicable to claims against health care providers; health care provider defined. 85-29.

Liability of governmental entities; townships. 86-18.

Appointment of special deputy to take over insolvent bank; liability of directors and officers. 86-32.

Board of trustees; Wichita state university. 86-45.

Directors of Kansas technology enterprise corporation are covered by act. 86-155.

Municipal energy agencies are covered by act. 86-177.

Employee's request for defense counsel; costs. 87-34.

Board of state fair managers are state employees for purposes of Kansas tort claims act. 87-97.

Definition of employee covered by tort claims act. 88-93.

Person covered by act; faculty of Kansas College of Technology. 89-81.

Kansas tort claims act; tort claims fund for payment of claims and defense expenses. 91-126.

Kansas tort claims act; governmental entity's responsibility to provide defense and pay judgment. 91-156.

Clinic employees covered by act if municipal or state employees or contractual relation between state and employer. 2003-25.

CASE ANNOTATIONS

1. Where employees both defendants and claimants, failure to cooperate beyond acts for own claims not lack of good faith. Jackson v. City of Kansas City, 235 Kan. 278, 310, 311, 680 P.2d 877 (1984).

2. Cited; whether written notice to municipality of claim against municipal employees is a prerequisite to filing suit examined. King v. Pimentel, 20 Kan. App. 2d 579, 590, 890 P.2d 1217 (1995).

3. The state has not waived its sovereign immunity from suit based on the plain language of the Kansas tort claims act. Jones v. Kansas Dept. of Corrections, 52 Kan. App. 2d 853, 856, 376 P.3d 774 (2016).


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