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Blogs : SHOULD ND BE PROSECUTED OR SANDY BLUNT?

By: Steve Cates

32-12.2-03. State to be named in action - Personal liability and defense of employees - Indemnification of claims and final judgments.

1. An action for an injury proximately caused by the alleged negligence, wrongful act, or omission of a state employee occurring within the scope of the employee's employment must be brought against the state.

2. A state employee is not personally liable for money damages for an injury when the injury is proximately caused by the negligence, wrongful act, or omission of the employee acting within the scope of employment.

3. A state employee may not be held liable in the employee's personal capacity for acts or omissions of the employee occurring within the scope of the employee's employment. A state employee may be personally liable for money damages for an injury when the injury is proximately caused by the negligence, wrongful act, or omission of the employee acting outside the scope of the employee's employment.

The plaintiff in such an action bears the burden of proof to show by clear and convincing evidence that the employee was acting outside the scope of the employee's employment. The extent to which an employee may be personally liable under this section and whether the employee was acting within the scope of employment must be specifically stated in a final judgment.

Comments Posted: 15
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Blah, Blah, Blah 14:45, June 30, 2007
I think 67 percent of the employees hate themselves and everyone and everything else too. They should have done a survey on that!
Hello 20:20, June 29, 2007
Oh Stevie Stevie where art thou stevie..you have been awfulllllllly quiet lately about wsi did you find out the real truth and realized that you bit off more than you could chew so you walked away from it. Probably best you did just walk away from the topic since you DIDN'T have a clue what you were babbling about.
Sandie 21:42, June 27, 2007
I think there needs to be a regime change at WSI. If it were a crime to ruin an organization... How do you lead an organization when 67% of the people don't trust you?
Reader 12:05, June 25, 2007
Again, good work Steve. I vote for ND.
Four Zip 19:31, June 23, 2007
I think Scates makes it four zip. I believe that to be statistically significant.
SCates 23:21, June 21, 2007
I will vote for Sandy Blunt just to make it a tie.
This is it... 19:58, June 21, 2007
The only time I vote for Sandy Blunt.
Two Zip 09:03, June 19, 2007
Blunt should be prosecuted. This is like saying when a person gets picked up for speeding the state should pay the fine. Because they set the rules and I chose not to follow them. Get real. The Golden Boy allegedly choose not to follow the laws as they were set forth now if convicted he can face the punishment.
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