Employee Liability/Security Against Loss


All employees of the state acting in an official capacity within the scope of their lawful duties are protected by
the Tort Liability Act in Minnesota Statutes 3.732-3.736.

This indemnification is stated as follows in M.S. 3.736, subd. 9:

"The State of Minnesota shall defend, save harmless, and indemnify any employee of the State against any tort
claim or demand, whether groundless or otherwise, arising out of an alleged act or omission if the employee
provides complete disclosure and cooperation in the defense of the claim or demand... and if, except for elected
employees, the employee's appointing authority certifies that the employee was acting within the scope of his
employment. This determination may be overruled by the Attorney General. This subdivision does not apply in
cases of malfeasance in office or willful or wanton neglect of duty."