4 Pa. Code § 39.3 - Civil cases involving intentional or malicious conduct
(a)
Good faith in exercise of
authority. Regardless of the allegations made against the defendant,
if it appears to the General Counsel or to the General Counsel's designee that
the defendant's conduct giving rise to the cause of action was within the scope
of his employment and a good faith exercise of his authority, the Commonwealth,
or its insurance company if there is coverage, will undertake the defense with
an attorney of its choosing at its expense, and will indemnify the defendant
for the expense of a judgment against him or a settlement that is approved by
the General Counsel or the General Counsel's designee. The defendant may engage
his own attorney but indemnification and reimbursement of attorneys fees by the
Commonwealth will be in the sole discretion of the General Counsel.
(b)
Bad faith or malicious conduct,
or conduct outside the scope of employment.
(1) If the General Counsel or the General
Counsel's designee determines that the defendant's conduct was a bad faith
exercise of his authority, malicious or outside the scope of his employment,
the General Counsel, in his sole discretion, will determine whether the
Commonwealth will undertake the defense of the defendant. The Commonwealth will
not indemnify the defendant for a judgment against him, and will notify the
defendant that he may be subject to personal liability and should engage his
own attorney.
(2) If the General
Counsel or the General Counsel's designee has determined initially that the
defendant's conduct was a bad faith exercise of his authority, malicious or
outside the scope of his employment, and the defendant ultimately prevails in
the civil action, the General Counsel, in his sole discretion, may determine
that the Commonwealth will reimburse the defendant for the costs of defense and
fees of his private attorney.
Notes
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