reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 1. Contract Claims Against the State › 34-13-1-1. Commencement of Actions; Limitations; Trial by Court

Sec. 1. (a) Any person having a claim against the state arising out of an express or implied contract may bring suit within ten (10) years after accrual of the claim.
(b) The claim brought under this section shall be tried to the court, not a jury.
[Pre-1998 Recodification Citation: 34-4-16-1.1.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 1. Contract Claims Against the State › 34-13-1-2. Repealed

[Pre-1998 Recodification Citation: 34-4-16-1.2.]
As added by P.L.1-1998, SEC.8. Repealed by P.L.2-2005, SEC.131.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 1. Contract Claims Against the State › 34-13-1-3. Exemption From Chapter

Sec. 3. This chapter does not authorize any person to bring suit against the state of Indiana upon any obligation described in Article 10, Section 7 of the Constitution of the state of Indiana.
[Pre-1998 Recodification Citation: 34-4-16-2.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 1. Contract Claims Against the State › 34-13-1-4. Attorney General; Duties

Sec. 4. The attorney general, in person or by deputy, shall defend and represent the interests of the state in any action brought under this chapter (or IC 34-4-16 before its repeal).
[Pre-1998 Recodification Citation: 34-4-16-4.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 1. Contract Claims Against the State › 34-13-1-5. Appeal to Supreme Court

Sec. 5. In all actions against the state, either party may appeal directly to the supreme court, under the same rules, regulations, and restrictions that govern in cases of appeals from the circuit courts of this state to the supreme court of the state in civil causes, except that the state may appeal without bond.
[Pre-1998 Recodification Citation: 34-4-16-5.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 1. Contract Claims Against the State › 34-13-1-6. Judgments Against State; Interest Rate; Appropriation to Pay Judgment

Sec. 6. Whenever, by final decree or judgment, a sum of money is adjudged to be due any person from the state, an execution shall not issue but the judgment shall draw interest at an annual rate of six percent (6%) from the date of the adjournment of the next ensuing session of the general assembly until an appropriation is made by law for the payment and the judgment is paid.
[Pre-1998 Recodification Citation: 34-4-16-6(b).]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 1. Contract Claims Against the State › 34-13-1-7. Counsel to Assist Attorney General

Sec. 7. Whenever, in the opinion of the governor, the interests of the state require it, the governor may employ counsel to assist the attorney general in the defense of any suit brought against the state and may pay that counsel out of any funds at the governor's disposal appropriated for that purpose.
[Pre-1998 Recodification Citation: 34-4-16-7.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 2. Contract Claims Against Public Employees › 34-13-2-1. Personal Liability on Contracts Entered Into Within Scope of Employment

Sec. 1. A present or former public employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, is not personally liable on contracts entered into within the scope of the employee's employment for a governmental entity unless it is clearly otherwise indicated in writing.
[Pre-1998 Recodification Citation: 34-4-16.6-1 part.]
As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 2. Contract Claims Against Public Employees › 34-13-2-2. Defense of State Employee for Claims or Suits Arising Out of Contracts

Sec. 2. If requested to do so, the attorney general shall defend a present or former state employee against any claim or suit brought against the state employee with regard to a contract entered into for the employee's governmental entity. The attorney general may employ other counsel to aid in defending or settling the claim or suit.
[Pre-1998 Recodification Citation: 34-4-16.6-2.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 2. Contract Claims Against Public Employees › 34-13-2-3. Judgment or Settlement as Bar to Action Against Employee; Judgments for Claims Against Employee Acting Within Scope of Employment; Costs and Fees

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.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 3 of this chapter by P.L.250-2001 apply to a cause of action involving an extreme sport area that accrues after May 11, 2001, regardless of when the extreme sport area was developed.
(2) The amendments made to section 3 of this chapter by P.L.280-2001 apply only to a cause of action that accrues after June 30, 2001.
As added by P.L.220-2011, SEC.550.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. (a) The amendments made to IC 34-4-16.5-17 (before its repeal, now codified at section 18 of this chapter) by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered before July 1, 1988.
(b) The amendments made to IC 34-4-16.5-17 (before its repeal, now codified at section 18 of this chapter) by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.
As added by P.L.220-2011, SEC.551.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-1. Applicability of Chapter

Sec. 1. (a) This chapter applies only to a claim or suit in tort.
(b) The provisions of this chapter also apply to IC 34-30-14.
[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-16.5-1; subsection (b) New.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-2. Applicability of Chapter

Sec. 2. This chapter applies to a claim or suit in tort against any of the following:
(1) The bureau of motor vehicles commission established by IC 9-14-9-1.
(2) A member of the bureau of motor vehicles commission board established under IC 9-14-9-2.
(3) An employee of the bureau of motor vehicles commission.
(4) A member of the driver education advisory board established by IC 9-27-6-5.
(5) An approved postsecondary educational institution (as defined in IC 21-7-13-6(a)(1)), or an association acting on behalf of an approved postsecondary educational institution, that:
(A) shares data with the commission for higher education under IC 21-12-12-1; and
(B) is named as a defendant in a claim or suit in tort based on any breach of the confidentiality of the data that occurs after the institution has transmitted the data in compliance with IC 21-12-12-1.
(6) The state fair commission established by IC 15-13-2-1.
(7) A member of the state fair commission established by IC 15-13-2-1 or an employee of the state fair commission.
(8) The state fair board established by IC 15-13-5-1.
(9) A member of the state fair board established by IC 15-13-5-1.
[Pre-1998 Recodification Citation: 34-4-16.5-1.5.]
As added by P.L.1-1998, SEC.8. Amended by P.L.145-2011, SEC.27; P.L.129-2016, SEC.1; P.L.198-2016, SEC.666; P.L.92-2019, SEC.27; P.L.111-2021, SEC.102.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-2.3. Applicability of Chapter to Ncsl 2020 Legislative Summit Host Committee

Sec. 2.3. This chapter applies to a claim or suit in tort against the following:
(1) The host committee for the NCSL 2020 Legislative Summit established under IC 2-5-41-7.
(2) A member of the host committee.
(3) The state coordinator of the host committee.
As added by P.L.6-2018, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-2.5. Applicability of Chapter to Certain Claims or Suit in Tort Against a Postsecondary Educational Institution

Sec. 2.5. The addition of section 2(5) of this chapter by SEA 146-2016, SECTION 1, does not apply to a claim or suit in tort against a postsecondary educational institution if filed before March 30, 2016.
As added by P.L.129-2016, SEC.2. Amended by P.L.111-2021, SEC.103.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-4. Limitation on Aggregate Liability; Punitive Damages Prohibited

Sec. 4. (a) The combined aggregate liability of all governmental entities and of all public employees, acting within the scope of their employment and not excluded from liability under section 3 of this chapter, does not exceed:
(1) for injury to or death of one (1) person in any one (1) occurrence:
(A) three hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006;
(B) five hundred thousand dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or
(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and
(2) for injury to or death of all persons in that occurrence, five million dollars ($5,000,000).
(b) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages.
[Pre-1998 Recodification Citation: 34-4-16.5-4.]
As added by P.L.1-1998, SEC.8. Amended by P.L.108-2003, SEC.2; P.L.161-2003, SEC.6; P.L.97-2004, SEC.114.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-6. Notice to Attorney General and State Agency Involved

Sec. 6. (a) Except as provided in sections 7 and 9 of this chapter, a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days after the loss occurs. However, if notice to the state agency involved is filed with the wrong state agency, that error does not bar a claim if the claimant reasonably attempts to determine and serve notice on the right state agency.
(b) The attorney general, by rule adopted under IC 4-22-2, shall prescribe a claim form to be used to file a notice under this section. The claim form must specify:
(1) the information required; and
(2) the period of time that a potential claimant has to file a claim.
(c) Copies of the claim form prescribed under subsection (b) shall be available from each:
(1) state agency; and
(2) operator of a state vehicle.
[Pre-1998 Recodification Citation: 34-4-16.5-6.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-7. Administrative Claim for Inmate's Recovery of Property

Sec. 7. (a) An offender must file an administrative claim with the department of correction to recover compensation for the loss of the offender's personal property alleged to have occurred during the offender's confinement as a result of an act or omission of the department or any of its agents, former officers, employees, or contractors. A claim must be filed within one hundred eighty (180) days after the date of the alleged loss.
(b) The department of correction shall evaluate each claim filed under subsection (a) and determine the amount due, if any. If the amount due is not more than five thousand dollars ($5,000), the department shall approve the claim for payment and recommend to the office of the attorney general payment under subsection (c). The department shall submit all claims in which the amount due exceeds five thousand dollars ($5,000), with any recommendation the department considers appropriate, to the office of the attorney general. The attorney general, in acting upon the claim, shall consider recommendations of the department to determine whether to deny the claim or recommend the claim to the governor for approval of payment.
(c) Payment of claims under this section shall be made in the same manner as payment of claims under IC 34-4-16.5-22.
(d) The department of correction shall adopt rules under IC 4-22-2 necessary to carry out this section.
[Pre-1998 Recodification Citations: 34-4-16.5-6.5(c); 34-4-16.5-6.5(d); 34-4-16.5-6.5(e); 34-4-16.5-6.5(f).]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-8. Claims Against Political Subdivisions; Notice Requirement

Sec. 8. (a) Except as provided in section 9 of this chapter and subsection (b), a claim against a political subdivision is barred unless notice is filed with:
(1) the governing body of that political subdivision; and
(2) unless IC 27-1-29 has expired under IC 27-1-29-29, the Indiana political subdivision risk management commission created under IC 27-1-29;
within one hundred eighty (180) days after the loss occurs.
(b) A claim against a political subdivision is not barred for failure to file notice with the Indiana political subdivision risk management commission under subsection (a)(2) if the political subdivision was not a member of the political subdivision risk management fund established under IC 27-1-29-10 at the time the act or omission took place.
[Pre-1998 Recodification Citation: 34-4-16.5-7.]
As added by P.L.1-1998, SEC.8. Amended by P.L.46-2023, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-9. Incapacitated Plaintiffs; Notice Requirement

Sec. 9. If a person is incapacitated and cannot give notice as required in section 6 or 8 of this chapter, the person's claim is barred unless notice is filed within one hundred eighty (180) days after the incapacity is removed.
[Pre-1998 Recodification Citation: 34-4-16.5-8.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-10. Notice Requirement; Form of Statement

Sec. 10. The notice required by sections 6, 8, and 9 of this chapter must describe in a short and plain statement the facts on which the claim is based. The statement must include the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice.
[Pre-1998 Recodification Citation: 34-4-16.5-9.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-11. Approval or Denial of Claim by Government Entity

Sec. 11. Within ninety (90) days of the filing of a claim, the governmental entity shall notify the claimant in writing of its approval or denial of the claim. A claim is denied if the governmental entity fails to approve the claim in its entirety within ninety (90) days, unless the parties have reached a settlement before the expiration of that period.
[Pre-1998 Recodification Citation: 34-4-16.5-10.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-12. Notice Requirements; Service

Sec. 12. The notices required by sections 6, 8, 9, and 11 of this chapter must be in writing and must be delivered in person or by registered or certified mail.
[Pre-1998 Recodification Citation: 34-4-16.5-11.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-13. Denial of Claim as Prerequisite to Suit

Sec. 13. A person may not initiate a suit against a governmental entity unless the person's claim has been denied in whole or in part.
[Pre-1998 Recodification Citation: 34-4-16.5-12.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-14. Compromise or Settlement of Claim by Governor

Sec. 14. Except as provided in section 20 of this chapter, the governor may compromise or settle a claim or suit brought against the state or its employees.
[Pre-1998 Recodification Citation: 34-4-16.5-13.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-15. Attorney General; Powers and Duties

Sec. 15. Except as provided in section 20 of this chapter, the attorney general:
(1) shall advise the governor concerning the desirability of compromising or settling a claim or suit brought against the state or its employees;
(2) shall perfect a compromise or settlement which is made by the governor;
(3) shall submit to the governor on or before January 31 of each year a report concerning the status of each claim or suit pending against the state as of January 1 of that year; and
(4) shall defend, as chief counsel, the state and state employees as required under IC 4-6-2. However, the attorney general may employ other counsel to aid in defending or settling those claims or suits.
[Pre-1998 Recodification Citation: 34-4-16.5-14.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-16. Compromise or Settlement of Claim by Political Subdivision

Sec. 16. Except as provided in section 20 of this chapter, the governing body of a political subdivision may compromise, settle, or defend against a claim or suit brought against the political subdivision or its employees.
[Pre-1998 Recodification Citation: 34-4-16.5-15.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-17. Enforcement of Judgments Against Governmental Entities

Sec. 17. A court that has rendered a judgment against a governmental entity may order that governmental entity to:
(1) appropriate funds for the payment of the judgment if funds are available for that purpose; or
(2) levy and collect a tax to pay the judgment if there are insufficient funds available for that purpose.
[Pre-1998 Recodification Citation: 34-4-16.5-16.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-18. Time for Payment of Claim or Judgment; Interest Rate

Sec. 18. (a) A claim or suit settled by, or a judgment rendered against, a governmental entity shall be paid by the governmental entity not later than one hundred eighty (180) days after the date of settlement or judgment, unless there is an appeal, in which case not later than one hundred eighty (180) days after a final decision is rendered.
(b) If payment is not made within one hundred eighty (180) days after the date of settlement or judgment, the governmental entity is liable for interest from the date of settlement or judgment at an annual rate of six percent (6%). The governmental entity is liable for interest at that rate and from that date even if the case is appealed, provided the original judgment is upheld.
[Pre-1998 Recodification Citation: 34-4-16.5-17.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-19. Applicability of Ic 34-13-3-18; Settlement

Sec. 19. Section 18 of this chapter does not apply if there is a structured settlement under section 23 of this chapter.
[Pre-1998 Recodification Citation: 34-4-16.5-17.1.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-20. Liability Insurance; Prohibitions

Sec. 20. (a) A political subdivision may purchase insurance to cover the liability of itself or its employees, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity. Any liability insurance so purchased shall be purchased by invitation to and negotiation with providers of insurance and may be purchased with other types of insurance. If such a policy is purchased, the terms of the policy govern the rights and obligations of the political subdivision and the insurer with respect to the investigation, settlement, and defense of claims or suits brought against the political subdivision or its employees covered by the policy. However, the insurer may not enter into a settlement for an amount that exceeds the insurance coverage without the approval of the mayor, if the claim or suit is against a city, or the governing body of any other political subdivision, if the claim or suit is against such political subdivision.
(b) The state may purchase insurance to cover the cyber liability of itself or its employees, including a member of a board, a committee, a commission, an authority, or another instrumentality of the state. Any liability insurance so purchased shall be purchased by invitation to and negotiation with providers of insurance and may be purchased with other types of insurance. If such a policy is purchased, the terms of the policy govern the rights and obligations of the state and the insurer with respect to the investigation, settlement, and defense of claims or suits brought against the state or state employees covered by the policy. However, the insurer may not enter into a settlement for an amount that exceeds the insurance coverage without the approval of the governor.
(c) The state may not purchase insurance to cover the liability of the state or its employees. This subsection does not prohibit any of the following:
(1) The requiring of contractors to carry insurance.
(2) The purchase of insurance to cover losses occurring on real property owned by:
(A) the Indiana public retirement system; or
(B) a public pension and retirement fund administered by the Indiana public retirement system.
(3) The purchase of insurance by a separate body corporate and politic to cover the liability of itself or its employees.
(4) The purchase of casualty and liability insurance for foster parents (as defined in IC 27-1-30-4) on a group basis.
(5) A purchase of cyber liability insurance under subsection (b).
(6) The purchase of insurance required by the federal government in connection with the use of federal land for the state's wireless public safety voice and data communications system.
[Pre-1998 Recodification Citation: 34-4-16.5-18.]
As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.3; P.L.35-2012, SEC.106; P.L.148-2017, SEC.21; P.L.108-2019, SEC.241.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-21. Attorney's Fees; Allowance to Governmental Entity; Action for Abuse of Process

Sec. 21. In any action brought against a governmental entity in tort, the court may allow attorney's fees as part of the costs to the governmental entity prevailing as defendant, if the court finds that plaintiff:
(1) brought the action on a claim that is frivolous, unreasonable, or groundless;
(2) continued to litigate the action after plaintiff's claim clearly became frivolous, unreasonable, or groundless; or
(3) litigated its action in bad faith.
This award of fees does not prevent a governmental entity from bringing an action against the plaintiff for abuse of process arising in whole or in part on the same facts, but the defendant may not recover such attorney's fees twice.
[Pre-1998 Recodification Citation: 34-4-16.5-19.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-22. Persons or Entities Considered Political Subdivisions

Sec. 22. (a) For purposes of this chapter, the following shall be treated as political subdivisions:
(1) A community action agency (as defined in IC 12-14-23-2).
(2) An individual or corporation rendering public transportation services under a contract with a commuter transportation district created under IC 8-5-15.
(3) A volunteer fire department (as defined in IC 36-8-12-2) that is acting under:
(A) a contract with a unit or a fire protection district; or
(B) IC 36-8-17.
(b) The treatment provided for under subsection (a)(2) shall be accorded only in relation to a loss that occurs in the course of rendering public transportation services under contract with a commuter transportation district.
[Pre-1998 Recodification Citation: 34-4-16.5-20.]
As added by P.L.1-1998, SEC.8. Amended by P.L.1-1999, SEC.68.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-23. Structured Settlement; Discharge; Limits

Sec. 23. (a) With the consent of the claimant, a political subdivision may compromise or settle a claim or suit by means of a structured settlement under this section.
(b) A political subdivision may discharge settlement of a claim or suit brought under this chapter by:
(1) an agreement requiring periodic payments by the political subdivision over a specified number of years;
(2) the purchase of an annuity;
(3) by making a "qualified assignment" of the liability of the political subdivision as defined by the provisions of 26 U.S.C. 130(c);
(4) payment in a lump sum; or
(5) any combination of subdivisions (1) through (4).
(c) The present value of a structured settlement shall not exceed the statutory limits set forth in section 4 of this chapter; however, the periodic or annuity payments may exceed these statutory limits. The present value of any periodic payments may be determined by discounting the periodic payments by the same percentage as that found in Moody's Corporate Bond Yield Average Monthly Average Corporates, as published by Moody's Investors Service, Incorporated.
[Pre-1998 Recodification Citation: 34-4-16.5-21.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-24. Appropriations for Payment of Claims and Expenses

Sec. 24. There is appropriated from the state general fund sufficient funds to:
(1) settle claims and satisfy tort judgments obtained against the state;
(2) pay interest on claims and judgments; and
(3) subject to approval by the budget director, pay:
(A) liability insurance premiums; and
(B) expenses incurred by the attorney general in employing other counsel to aid in defending or settling claims or civil actions against the state.
[Pre-1998 Recodification Citation: 34-4-16.5-22(a).]
As added by P.L.1-1998, SEC.8. Amended by P.L.201-2018, SEC.3; P.L.11-2023, SEC.109.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3. Tort Claims Against Governmental Entities and Public Employees › 34-13-3-25. Presentation of Vouchers and Issuance of Warrants for Appropriations

Sec. 25. The attorney general shall present vouchers for the items or expenses described in section 24 of this chapter to the auditor of state. The auditor shall issue warrants on the treasury for the amounts presented.
[Pre-1998 Recodification Citation: 34-4-16.5-22(b).]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3.5. Claims Against Public Schools › 34-13-3.5-1. Applicability

Sec. 1. (a) This chapter applies only to an action brought against a public school under the laws of:
(1) the United States; or
(2) Indiana.
(b) This chapter does not apply to a civil action or administrative proceeding under IC 20-28 or IC 20-29.
As added by P.L.191-2018, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3.5. Claims Against Public Schools › 34-13-3.5-2. Construction With Other Law

Sec. 2. This chapter may not be construed to restrict or limit the rights, procedures, or remedies available to an individual or entity under:
(1) the federal or state Constitution; or
(2) another federal law.
As added by P.L.191-2018, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3.5. Claims Against Public Schools › 34-13-3.5-3. "Public School"

Sec. 3. As used in this chapter, "public school" refers to a:
(1) school corporation (as defined in IC 20-18-2-16(a)); or
(2) charter school (as defined in IC 20-24-1-4).
As added by P.L.191-2018, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3.5. Claims Against Public Schools › 34-13-3.5-4. Notice; Proposed Remedy

Sec. 4. An individual or entity may not initiate a civil action or an administrative proceeding against a public school, unless the individual or entity submits a written notice to the public school and the governing body or the equivalent authority for a charter school that notifies the public school and the governing body or the equivalent authority for a charter school of the alleged violation of law and indicates a proposed remedy.
As added by P.L.191-2018, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3.5. Claims Against Public Schools › 34-13-3.5-5. Requirements of Proposed Remedy

Sec. 5. A proposed remedy that is offered under section 4 of this chapter must meet the following conditions:
(1) Provide the public school with a specific request for relief.
(2) Allow the public school to offer the individual or entity the relief requested in the written notice submitted under section 4 of this chapter before the individual or entity initiates a civil action or administrative proceeding against the public school.
As added by P.L.191-2018, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3.5. Claims Against Public Schools › 34-13-3.5-6. Time Period for Response to Proposed Remedy

Sec. 6. Not later than fifteen (15) days after the individual or entity submits the notice described in section 4 of this chapter to the public school, the public school may do the following:
(1) Remedy the alleged violation or violations.
(2) Make a written offer to the individual or entity to resolve the dispute.
As added by P.L.191-2018, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3.5. Claims Against Public Schools › 34-13-3.5-7. Effect of Failure to Provide Notice

Sec. 7. If an individual or entity does not submit the notice described in section 4 of this chapter to a public school before initiating a civil action or an administrative proceeding, a court, administrative law judge, or hearing officer shall dismiss the action without prejudice.
As added by P.L.191-2018, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 3.5. Claims Against Public Schools › 34-13-3.5-8. Disclosure of Conflicts of Interest

Sec. 8. (a) For purposes of this section, "conflict of interest" is defined as being a member of the governing body for, an agent of, or otherwise having a personal pecuniary interest in a facility, school, service, or product sought as a remedy in the lawsuit or administrative proceeding identified in this section. A personal pecuniary interest does not include a family relationship other than a spouse or dependent being a member of the governing body or an agent of a facility, school, service, or product sought as a remedy in the lawsuit or administrative proceeding identified in this section.
(b) An advocate (other than an attorney) for an individual or entity who initiates a lawsuit or administrative proceeding against a public school or a nonpublic school is prohibited from representing the individual or entity without first disclosing in writing to the:
(1) advocate's client; and
(2) court, administrative law judge, or hearing officer;
any conflict of interest described in subsection (a) the advocate (other than an attorney) has in representing the individual or entity.
(c) The written disclosure required in subsection (b) is required to be provided only once in any lawsuit or proceeding, even if there are successive tiers to the appellate or administrative process.
(d) Failure to comply with the requirement of this section shall result in the violating advocate (other than an attorney) paying not less than five percent (5%) of attorney's fees, court costs, and other reasonable expenses of litigation incurred by the public or nonpublic school.
As added by P.L.287-2019, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 4. Civil Rights Claims Against Public Employees › 34-13-4-1. Personal Civil Liability Under Civil Rights Laws of Employee Acting Within Scope of Employment

Sec. 1. If a present or former public employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, is or could be subject to personal civil liability for a loss occurring because of a noncriminal act or omission within the scope of the public employee's employment which violates the civil rights laws of the United States, the governmental entity (when the governmental entity defends or has the opportunity to defend the public employee) shall, subject to IC 34-13-3-4, IC 34-13-3-14, IC 34-13-3-15, and IC 34-13-3-16, pay:
(1) any judgment (other than for punitive damages) of the claim or suit; or
(2) any judgment for punitive damages, compromise, or settlement of the claim or suit if:
(A) the 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 for punitive damages, compromise, or settlement is in the best interest of the governmental entity. The governmental entity shall also pay all costs and fees incurred by or on behalf of a public employee in defense of the claim or suit.
[Pre-1998 Recodification Citation: 34-4-16.7-1 part.]
As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.4; P.L.161-2003, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 4. Civil Rights Claims Against Public Employees › 34-13-4-2. Defending State Employee for Claims or Suits Arising Under Civil Rights Laws

Sec. 2. If requested to do so, the attorney general shall defend a present or former state employee against a claim or suit under section 1 of this chapter. The attorney general may employ other counsel to aid in defending or settling the claim or suit.
[Pre-1998 Recodification Citation: 34-4-16.7-2.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 4. Civil Rights Claims Against Public Employees › 34-13-4-3. Chapter as Not Waiving Eleventh Amendment

Sec. 3. 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: 34-4-16.7-3.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 4. Civil Rights Claims Against Public Employees › 34-13-4-4. Attorney's Fees; Allowance to Governmental Entity; Action for Abuse of Process

Sec. 4. In any action brought against a governmental entity under civil rights laws of the United States, the court may allow attorney's fees as part of the costs to the governmental entity prevailing as defendant if it finds that plaintiff:
(1) brought the action on a claim that is frivolous, unreasonable, or groundless;
(2) continued to litigate the action after plaintiff's claim clearly became frivolous, unreasonable, or groundless; or
(3) litigated its action in bad faith.
This award of fees does not prevent a governmental entity from bringing an action against the plaintiff for abuse of process arising in whole or in part on the same facts, but the defendant may not recover attorney's fees twice.
[Pre-1998 Recodification Citation: 34-4-16.7-4.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations › 34-13-5-1. Exclusive Applicability of Chapter

Sec. 1. All public lawsuits shall be brought solely in conformity with and governed by the provisions of this chapter.
[Pre-1998 Recodification Citation: 34-4-17-2.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations › 34-13-5-2. Plaintiff; Class Actions; Right of Intervention

Sec. 2. (a) Plaintiffs in a public lawsuit may sue in their capacity either as citizens or taxpayers of the municipal corporation.
(b) A public lawsuit described in subsection (a) is a class suit (whether captioned as such or not), subject to the rights of intervention, the addition of parties, and the addition of other representatives of the same class, as is provided by law in other civil actions. Special appearances may be made in situations permitted by applicable law.
[Pre-1998 Recodification Citation: 34-4-17-3.]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations › 34-13-5-3. Trial Procedure

Sec. 3. The procedure in the trial court governing trial of the public lawsuit is the same as in other civil cases. When possible, the hearing on any interlocutory order shall be consolidated with the hearing on all other justiciable issues.
[Pre-1998 Recodification Citation: 34-4-17-4(a).]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations › 34-13-5-4. Change of Venue

Sec. 4. A change of venue from the judge may be permitted, but no change from the county may be permitted. When a change from the judge has been requested in accordance with the time limits prescribed by law, the affidavit or motion for the change shall be immediately certified to the supreme court:
(1) by the clerk of the trial court; or
(2) upon the failure of the clerk to act promptly, by verified copy of the motion presented to the supreme court by the moving party.
[Pre-1998 Recodification Citation: 34-4-17-4(b).]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations › 34-13-5-5. Appointment of Special Judge

Sec. 5. (a) The rules regarding the selection of a special judge in civil cases do not apply. The supreme court shall appoint the special judge in a public lawsuit.
(b) A special judge is not required to reside in the county in which the case is pending or in any adjoining county.
(c) A special judge may be a regular judge of any circuit, superior, criminal, probate, juvenile, or other lower court of Indiana, any member of the Indiana bar, or any member of the court of appeals or the supreme court where the appointment can be validly made.
[Pre-1998 Recodification Citation: 34-4-17-4(c).]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations › 34-13-5-6. Special Reporter

Sec. 6. To expedite the trial of the case, either party may apply to the court for the appointment of a special reporter or firm of reporters to be the court reporter for the public lawsuit which the court may in its discretion approve. The moving party shall pay the cost, which may not be taxed as costs of the action.
[Pre-1998 Recodification Citation: 34-4-17-4(d).]
As added by P.L.1-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 13. Causes of Action: Claims Against the Government › Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations › 34-13-5-7. Interlocutory Hearing

Sec. 7. (a) At any time before the final hearing in a public lawsuit, the defendant may petition for an order of the court that the cause be dismissed unless the plaintiff posts a bond with surety to be approved by the court. The bond must be payable to the defendant for the payment of all damages and costs that may accrue by reason of the filing of the lawsuit if the defendant prevails.
(b) A hearing shall be held on a petition described in subsection (a) in the same manner as the hearing on temporary injunctions under IC 34-26-1. If, at the hearing, the court determines that the plaintiff cannot establish facts that would entitle the plaintiff to a temporary injunction, the court shall set the amount of bond to be filed by the plaintiff in an amount found by the judge to cover all damage and costs that may accrue to the defendants by reason of the pendency of the public lawsuit in the event the defendant prevails.
(c) If the plaintiff does not file a bond with sureties approved by the court within ten (10) days after the order to do so is entered, the suit shall be dismissed.
(d) Either plaintiff or defendant may appeal an order to post or deny bond to the Indiana supreme court within ten (10) days by notice of appeal and a statement of error in the same manner as is provided in a petition for mandate or prohibition. The supreme court may:
(1) stay the lower court order pending its own decision;
(2) set a bond to be filed by the plaintiff;
(3) modify the order of the lower court; or
(4) enter its order as a final order in a case.
(e) If no bond is filed as provided in this section:
(1) the public lawsuit shall be dismissed; and
(2) no court has further jurisdiction of the public lawsuit or any other public lawsuit involving any issue that was or could have been raised.
(f) This section does not create, nor shall it be construed as creating, any additional cause of action on the part of any municipal corporation, person, partnership, limited liability company, or corporation, unless the defendant is required to and does post bond.
[Pre-1998 Recodification Citation: 34-4-17-5.]
As added by P.L.1-1998, SEC.8.