(a) Indemnity by local agency generally.--When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and he has given timely prior written notice to the local agency, and it is judicially determined that an act of the employee caused the injury and such act was, or that the employee in good faith reasonably believed that such act was, within the scope of his office or duties, the local agency shall indemnify the employee for the payment of any judgment on the suit.
(b) Indemnity by employee generally.--No employee of a local agency shall be liable to the local agency for any surcharge, contribution, indemnity or reimbursement for any liability incurred by the local agency for damages on account of an injury to a person or property caused by an act of the employee which was within the scope of his office or duties or which he in good faith reasonably believed to be within the scope of his office or duties. No employee of a local agency shall be liable to the local agency for any surcharge, contribution, indemnity or reimbursement for any expenses or legal fees incurred by the local agency while defending the employee against a claim for damages on account of an injury to a person or property caused by an act of the employee.
(c) Cooperation.--In any action against a local agency or an employee thereof for damages on account of an injury caused by the act of the employee in which action the employee has not fully cooperated with the local agency in the defense of the action, the provisions of subsection (b) shall not apply.
Cross References. Section 8548 is referred to in section 8550 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85 - Matters Affecting Government Units
Section 8502 - Enforcement proceedings
Section 8521 - Sovereign immunity generally
Section 8522 - Exceptions to sovereign immunity
Section 8523 - Venue and process
Section 8525 - Legal assistance
Section 8526 - Counterclaim by the Commonwealth
Section 8527 - Indemnity relating to inmate health care
Section 8528 - Limitations on damages
Section 8553 - Limitations on damages
Section 8541 - Governmental immunity generally
Section 8542 - Exceptions to governmental immunity
Section 8545 - Official liability generally
Section 8546 - Defense of official immunity
Section 8547 - Legal assistance
Section 8549 - Limitation on damages
Section 8550 - Willful misconduct
Section 8557 - Judgment as a bar
Section 8558 - Judgments against insured local agency
Section 8559 - Judgments against self-insured local agency and those not fully insured