The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act providing indemnity from prosecution for probation officers and court officers employed by the Trial Court. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter
258, as appearing in the 2004 Official Edition, is hereby amended by adding the
following new section:—
Section 9B. If, in the event a suit is commenced against a Probation or Court
Officer employed by the Trial Court, by reason of a claim for damages resulting
from an alleged intentional tort or by reason of an alleged act or failure to
act which constitutes a violation of the civil rights of any person under
federal or state law, the commonwealth, at the request of the affected officer,
shall provide for the legal representation of said officer.
The commonwealth shall indemnify Probation or Court Officers employed by the
Trial Court, respectively, from all personal financial loss and expenses,
including but not limited to legal fees and costs, if any, in an amount not to
exceed one million dollars arising out of any claim, action, award, compromise,
settlement or judgment resulting from any alleged intentional tort or by reason
of an alleged act or failure to act which constitutes a violation of the civil
rights of any person under federal or state law; provided, however, that this
section shall apply only where such alleged intentional tort or alleged act or
failure to act occurred within the scope of the official duties of such
officer.
No Probation or Court Officer employed by the Trial Court shall be indemnified
for any violation of federal or state law if such member or employee acted in a
willful, wanton, or malicious manner.