AGO 1993-035.

• Court: Connecticut

Connecticut Attorney General Opinions 1993. AGO 1993-035. 1993Opinion No. 1993-035Honorable Emil H. FrankelDepartment of Transportation24 Wolcott Hill RoadWethersfield, CT 06129-0801 Dear Commissioner Frankel: This is in response to your memorandum dated September 22, 1993 wherein you request our opinion on whether the members of the Connecticut Pilot Commission ("Commission") have a right to defense by the State of Connecticut and indemnification should the exercise of their duties as Commission members result in litigation against them in their official or individual capacities. It is our opinion that Commission members are entitled to the representation and indemnification protection provided in Conn. Gen. Stat. e5-141d. Subsection (a) of e5-141d provides that:

The state shall save harmless and indemnify any state officer or employee, as defined in section 4-141...from financial loss and expense arising out of any claim, demand, suit or judgment by reason of his alleged negligence or alleged deprivation of any person's civil rights or other act or omission resulting in damage or injury, if the officer, employee or member is found to have been acting in the discharge of his duties or within the scope of his employment and such act or omission is found not to have been wanton, reckless or malicious. (Emphasis added)

Subsection (b) of e5-141d provides that:

The state, through the attorney general, shall provide for the defense of any state officer, employee or member in any civil action or proceeding in any state or federal court arising out of any alleged act, omission or deprivation which occurred or is alleged to have occurred while the officer, employee or member was acting in the discharge of his duties or in the scope of his employment, except that the state shall not be required to provide for such a defense whenever the attorney general, based on his investigation of the facts and circumstances of the case, determines that it would be inappropriate to do so and he so notifies the officer, employee or member in writing.

The above quoted provisions of e5-141d provide state officers and employees, as those terms are defined in Conn. Gen. Stat. e4-141, with certain rights to representation through the state in litigation arising from actions taken in the discharge of their duties and also provides for indemnification...