§ 9-31-9. Refusal to defend — Attorney general.
The attorney general may refuse to defend an action referred to in § 9-31-8 if he or she determines that:
(1) The act or omission was not within the scope of employment;
(2) The act or the failure to act was because of actual fraud, willful misconduct, or actual malice;
(3) The defense of the action or proceeding by the attorney general would create a conflict of interest between the state of Rhode Island and the employee or former employee;
(4) Within ten (10) days of the time he or she is served with any summons, complaint, process, notice, demand, or pleading, the employee or former employee fails to deliver the original or a copy thereof to the attorney general or his or her designee; or
(5) The state employee or former state employee refuses to cooperate fully with the attorney general’s defense.
History of Section.P.L. 1979, ch. 259, § 1.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Chapter 9-31 - Governmental Tort Liability
Section 9-31-1. - Tort liability of state.
Section 9-31-2. - Limitations of damages — State.
Section 9-31-2.1. - Limitation of damages — State — Commuter rail service.
Section 9-31-3. - Limitation of damages — Cities, towns, and fire districts.
Section 9-31-4. - Damages in excess of limitation.
Section 9-31-5. - Claim appropriations.
Section 9-31-6. - Attorney general to appear.
Section 9-31-7. - Attorney for service.
Section 9-31-8. - Defense of state employees — Attorney general.
Section 9-31-9. - Refusal to defend — Attorney general.
Section 9-31-10. - Exclusive control over litigation.
Section 9-31-11. - Conflict — Payment of counsel fees by state.
Section 9-31-12. - Indemnification — Reservation of obligation — Certification.