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§ 8525. Legal assistance

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial Procedure

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 85. Matters Affecting Government Units (Refs & Annos)
Subchapter B. Actions Against Commonwealth Parties (Refs & Annos)
Sovereign Immunity
42 Pa.C.S.A. § 8525
§ 8525. Legal assistance
When an action is brought under this subchapter against an employee of the Commonwealth government, and it is alleged that the act of the employee which gave rise to the claim was within the scope of the office or duties of the employee, the Commonwealth through the Attorney General shall defend the action, unless the Attorney General determines that the act did not occur within the scope of the office or duties of the employee. In the latter case, if it is subsequently determined that the act occurred within the scope of the office or duties of the employee, the Commonwealth shall reimburse the employee for the expense of his legal defense in such amounts as shall be determined to be reasonable by the court. If an action is brought against a Commonwealth government employee for damages on account of injury to a person or property and it is not alleged that the act of the employee which gave rise to the claim was within the scope of his office or duties, and he successfully defends the action on the basis that the act was within the scope of his office or duties, and he has given prior notice to the Attorney General and the Attorney General has refused to defend the action, he shall likewise be entitled to the reasonable expenses of the defense.

Credits

1980, Oct. 5, P.L. 693, No. 142, § 221(l), effective in 60 days.
42 Pa.C.S.A. § 8525, PA ST 42 Pa.C.S.A. § 8525
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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